Filed 8/15/18

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S099549 v. ) ) MICHAEL AUGUSTINE LOPEZ, ) ) Alameda County Defendant and Appellant. ) Super. Ct. No. H28492A ____________________________________)

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.