P. v. Wallace

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Filed 10/22/08 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) v. ) ) KEONE WALLACE, ) ) Defendant and Appellant. ) ___________________________________ ) S033360 Fresno County Super. Ct. No. 444550-8 MODIFICATION OF OPINION THE COURT: The opinion herein filed August 14, 2008, and published at 44 Cal.4th 1032, is modified as follows: On page 1087, second full paragraph, before the last sentence, and after the sentence, Here, the trial court s authorization for defendant to submit to a psychiatric evaluation by a prosecution expert was contrary to our recent opinion in Verdin. the following sentence is inserted: Moreover, admission of Dr. Terrell s testimony regarding defendant s refusal to cooperate with the courtordered psychiatric examination was also error. This modification does not affect the judgment.

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