People v. Burns CA5

Filed 10/25/21 P. v. Burns CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

THE PEOPLE,

F078505

Plaintiff and Respondent, (Kern Super. Ct. No. BF165297A)

v.

ORDER MODIFYING OPINION AND

KENNETH DWAYNE BURNS, DENYING REHEARING [NO CHANGE IN JUDGMENT] Defendant and Appellant.

THE COURT:

It is ordered that the opinion filed herein on September 29, 2021, be modified as follows:

1. On page 25, footnote 6, beginning “We disagree with” is deleted and the following footnote is inserted in its place:

The judicial immunity accorded to defendant’s statements to

a competency expert will normally require that experts appointed for competency examinations not testify at trial regarding any mental issue. (See Tarantino v.…