People v. Martinez (2001)

[Modification of Opinion (88 Cal. App. 4th 465; 105 Cal.Rptr.2d 841).]

THE PEOPLE, Plaintiff and Respondent, v. RICHARD MICHAEL MARTINEZ, Defendant and Appellant.

Wunderlich, J.-

It is ordered that the opinion filed herein on April 11, 2001, be modified as follows:

Under section III. Defendant's Right to Privacy, subsection B. Reasonable Expectation of Privacy, page 9 of the filed opinion, replace the second sentence in the third full paragraph, which begins "Indeed, under section 5328, . . ." with the following sentence:

"Indeed, all medical information and records obtained by the state in providing services to those subject to criminal incarceration are confidential and may be released and disclosed only as specified by statute. (See Civ. Code, § 56.10 et seq.) Likewise, treatment records generated during civil commitments are confidential. (See §§ 5328-5328.15.)

There is no change in the judgment.

Cottle, P.J., and Bamattre-Manoukian, J., concurred.