Opinion
(This mod. also certifies for publication a part of the opn. not included in the original partial pub. direction.)
Super. Ct. No. 02CR2234
ORDER MODIFYING OPINION AND CERTIFYING OPINION FOR PUBLICATION [NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed herein on January 31, 2006, be modified as follows:
1. On page 7, second full paragraph, the word “in� should be inserted between “erred� and “concluding� so the sentence reads:
Defendant contends the court erred in concluding a discovery violation had occurred.
2. The paragraph commencing at the bottom of 7 with “As previously noted,� and ending at the top of page 8 with “in mid-November� is modified to read as follows:
As previously noted, section 1054.3 requires a defendant to disclose not only written reports, but also “any reports or statements of experts made in connection with the case.� Todd stated that while he had not prepared any reports, he had made notes about the interviews with witnesses, had made calculations to determine the cause of the accident, had made notes about his inspections of the vehicles, and had conveyed this information to defense counsel. Over the course of several meetings, Todd had explained his theories to defense counsel. Todd said he had formed his opinion as to the cause of the accident soon after October 1, 2003, and had conveyed that opinion orally to defense counsel. None of this information had been disclosed to the prosecution before trial began in mid-November.
There is no change in judgment.
The opinion in the above-entitled matter was with the exception of parts IB and C, II, III, and IV of the Discussion. For good cause it now appears that part IB of the Discussion should be published in the Official Reports and it is so ordered.
SIMS, Acting P.J., DAVIS, J., HULL, J.