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    • Modification: People v. Lopez

    Aug. 17, 2018
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    Criminal Law and Procedure
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    Modification: People v. Lopez

    Ruling by

    Goodwin H. Liu

    Lower Court

    Alameda County Superior Court

    Lower Court Judge

    Phillip Sarkisian
    Murder conviction and corresponding death sentence affirmed where court does not err in allowing character evidence of defendant's prior commission of welfare fraud to rebut defendant's broad testimony of allegedly good character.


    Court

    CASC

    Cite as

    2018 DJDAR 8221

    Published

    Aug. 17, 2018

    Filing Date

    Aug. 15, 2018

    Opinion Type

    Modification

    Disposition Type

    Affirmed

     

    THE PEOPLE,

    Plaintiff and Respondent,

    v.

    MICHAEL AUGUSTINE LOPEZ,

    Defendant and Appellant.

     

    No. S099549

    Alameda County

    Super. Ct. No. H28492A

    California Supreme Court

    Filed Aug. 15, 2018

     

    ORDER MODIFYING OPINION AND

    DENYING PETITION FOR REHEARING

     

    THE COURT:

     

    The opinion in this matter filed June 28, 2018, and appearing at 5 Cal.5th 339, is modified as follows:

    In the first sentence of the second full paragraph on page 353, the following words are deleted: "that a competency ruling under Evidence Code section 701 was not sufficient and." As modified, the sentence will now read: "We reject Lopez's argument that the trial court was required to hold a hearing under Evidence Code section 702."

    The modification does not affect the judgment.

    The petition for rehearing is denied.

    #271885

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    Judge Profile

    Oct. 2, 2014

    Goodwin H. Liu

    Associate Justice

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