People v. Zamudio


43 Cal.4th 327 original opinion 43 Cal. 4th 1095a modification

Filed 6/11/08

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE,
Plaintiff and Respondent,
S074414
v.
SAMUEL ZAMUDIO,
Los Angeles County
Defendant and Appellant.
Super. Ct. No. VA036217

MODIFICATION OF OPINION
THE COURT:

The opinion filed April 21, 2008, and published at 43 Cal.4th 327, is
modified in the following respect:
In footnote 15 on page 355, add the phrase, ?do not involve facts or legal
standards from those defendant presented at trial, and thus . . . .? As modified,
footnote 15 reads:

?Our rejection of defendant?s work product claim on the merits
?necessarily leads to rejection? of his constitutional challenges to
LaVigne?s testimony insofar as they do not involve facts or legal
standards different from those defendant presented at trial, and thus
are cognizable on appeal despite his failure at trial to object to the
testimony on a constitutional basis. (Boyer, supra, 38 Cal.4th at p.
441, fn. 17.)?

This modification does not change the judgment.