People v. Rundle

Filed 5/14/08

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE,
S012943
Plaintiff and Respondent,
Placer
County
v.
Super. Ct. No. 0636
)
DAVID ALLEN RUNDLE
)
)

Defendant and Appellant.

MODIFICATION OF OPINION
THE COURT:
The opinion filed April 3, 2008, and reported at 43 Cal.4th 76, is modified
as follows:
In the first sentence of the second full paragraph on page 167, delete the word
?guilt,? so that the sentence reads: ?After the jury?s verdict was rendered later that
day, the trial court conducted another closed session during which the jurors and
alternates were individually questioned concerning whether they had heard any
juror talking about the case outside the jury?s deliberations.?
The third sentence of the second full paragraph on page 172 is deleted and
the following sentence substituted: ?The only cases in which we have had
occasion to actually apply the presumption, however, have involved, like the high
court?s cases, concurrent representation of adverse clients by a single attorney.?
This modification does not affect the judgment.