Baez

An information charged Pedro Ramon Baez with fatally shooting his wife Tomasa on November 2, 1981 (Pen. Code, §§ 197, 12022.5). Baez pleaded not guilty and not guilty by reason of insanity. A jury found him guilty of second degree murder and sane at the time of the offense. Baez unsuccessfully moved for a new trial and was sentenced to prison for an indeterminate term of 17 years to life.

Baez appeals contending the judgment should be reversed because the court prejudicially erred in (1) “borrowing” his interpreter to serve as a witness interpreter; (2) permitting the introduction of his statements to the detective, the prosecution-hired psychiatrist, and the prosecutor’s investigator, and (3) refusing to pay for testing necessary to establish his defense. We agree with Baez’s first argument and hold the “borrowing” of his interpreter to serve as the interpreter for five prosecution witnesses and one defense witness requires reversal. As directed by the Supreme Court we have modified our original opinion, filed September 17, 1985, to make appropriate reference to the recent decision in People v. Rodriguez (1986) 42 Cal.3d 1005 [ 232 Cal.Rptr. 132 , 728 P.2d 202…