People v. Castro (2000)

THE PEOPLE, Plaintiff and Respondent, v. ROBERTA RITA CASTRO, Defendant and Appellant.

[No. F031668. Fifth Dist. Apr. 11, 2000.]

In re ROBERTA RITA CASTRO on Habeas Corpus.

[Modification fn. * of opinion (78 Cal.App.4th 1402) on denial of petition for rehearing.]

KALASHIAN, J. fn. † -

The typewritten opinion filed in the above entitled action on March 16, 2000, is modified as follows:

1. On page 19, second paragraph [78 Cal. App. 4th 1420, advance report, 3d par.], delete the third sentence which presently reads "Should the Kern County District Attorney . . ." and insert in its place the following: "Should the Kern County District Attorney elect to retry Roberta, the trail court is on notice that it has a sua sponte duty to declare a doubt as to her competence based upon a possible developmental disability that may impair her ability to understand the nature of the proceedings or assist counsel in the conduct of a defense in a rational manner."

This modification does not effect a change in the judgment.

In view of the modification, respondent's petition for rehearing is denied.

Dibiaso, Acting P. J., and Harris, J., concurred.

FN *. This modification requires movement of text affecting pages 1420-1421 of the bound volume report.

FN †. Judge of the Tulare Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.