People v. Wallace


44 Cal.4th 1032 original opinion 45 Cal. 4th 76b modification


Filed 10/22/08


IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE,
Plaintiff and Respondent,
S033360
v.
KEONE WALLACE,
Fresno County
Defendant and Appellant.
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 court-
ordered psychiatric examination was also error.?
This modification does not affect the judgment.