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People v. Hernandez

California Court of Appeals, Fourth District, First Division
Mar 20, 2008
No. D050152 (Cal. Ct. App. Mar. 20, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. ALEXANDRO MARTINEZ HERNANDEZ et al., Defendants and Appellants. D050152 California Court of Appeal, Fourth District, First Division March 20, 2008

NOT TO BE PUBLISHED

Super. Ct. No. SCD199691

ORDER MODIFYING OPINION

THE COURT

McCONNELL, P. J.

It is ordered that the opinion filed herein on February 28, 2008, be modified as follows:

1. On page 10, footnote 4, the words "-- controlling" through the end of the footnote are deleted so that footnote 4 reads:

The Attorney General asserts that because defense counsel elicited Hernandez's prior conviction, the challenge is "technically" barred by the doctrine of invited error. While we recognize that this is the rule in the federal courts, see Ohler v. United States (2000) 529 U.S. 753, we are bound by the contrary pronouncement of our Supreme Court on this precise question (see People v. Turner (1990) 50 Cal.3d 668, 704, fn. 18).

There is no change in the judgment.


Summaries of

People v. Hernandez

California Court of Appeals, Fourth District, First Division
Mar 20, 2008
No. D050152 (Cal. Ct. App. Mar. 20, 2008)
Case details for

People v. Hernandez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ALEXANDRO MARTINEZ HERNANDEZ et…

Court:California Court of Appeals, Fourth District, First Division

Date published: Mar 20, 2008

Citations

No. D050152 (Cal. Ct. App. Mar. 20, 2008)