People v. Diaz CA2/6

Filed 1/20/15 P. v. Diaz CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B252741 (Super. Ct. No. 2013016905) Plaintiff and Respondent, (Ventura County)

v.

MANUEL DIAZ,

Defendant and Appellant.

Under compulsion of California Supreme Court authority, we reverse an order requiring appellant to submit a blood sample for AIDS testing (Pen. Code §1202.l)1 and remand for an evidentiary hearing. (People v. Butler (2003) 3l Cal.4th `1119, 1129 (Butler).) Appellant contends and respondent concedes there is insufficient evidence to support the finding that a bodily fluid capable of transmitting HIV was transferred from appellant to the victim. Appellant, then age…