Opinion
No. S099549.
08-15-2018
THE PEOPLE, Plaintiff and Respondent, v. MICHAEL AUGUSTINE LOPEZ, Defendant and Appellant.
[Modification of opinion (5 Cal.5th 339; 235 Cal.Rptr.3d 64, 420 P.3d 878), upon denial of rehearing.]
THE COURT. — The opinion in this matter filed June 28, 2018, and appearing at 5 Cal.5th 339 [235 Cal.Rptr.3d 64, 420 P.3d 878], is modified as follows:
In the first sentence of the second full paragraph on page 353 [5 Cal.5th 353, advance report, 2d full par., lines 1-2], the following words are deleted: "that a competency ruling under Evidence Code section 701 was not sufficient and." As modified, the sentence will now read: "We reject Lopez's argument that the trial court was required to hold a hearing under Evidence Code section 702."
The modification does not affect the judgment.
The petition for rehearing is denied.