Richardson v. Super. Ct.

Filed 7/16/08

IN THE SUPREME COURT OF CALIFORNIA

CHARLES KEITH RICHARDSON,
Petitioner,
S127275
v.
Tulare County
THE SUPERIOR COURT OF
Super. Ct. No. CRT27383
TULARE COUNTY,

Respondent;
THE PEOPLE,
Real Party in Interest.

MODIFICATION OF OPINION
THE COURT:
The opinion herein, filed on May 22, 2008, appearing at 43 Cal.4th 1040, is
modified as follows:
Footnote 7 on page 1053 is modified to read:
Contrary to petitioner?s suggestion, there is no requirement in section 1405
that the trial court make on-the-record findings to support its ruling. To the extent
petitioner claims that the DNA testing should have been ordered because the
results might be useful to him on habeas corpus or for purposes of executive
clemency, we reject the claim. Section 1405 does not require the trial court to
order DNA testing because it might be helpful in these contexts but only where the
conditions of subdivision (f) are fulfilled.
This modification does not affect the judgment.