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THE PEOPLE, Plaintiff and Respondent,v.DAVID ALLEN RUNDLE Defendant and Appellant.

MODIFICATION OF OPINION

THE COURT:

The opinion filed April 3, 2008, and reported at 43 Cal.4th 76, is modified as follows:

In the first sentence of the second full paragraph on page 167, delete the word "guilt," so that the sentence reads: "After the jurys verdict was rendered later that day, the trial court conducted another closed session during which the jurors and alternates were individually questioned concerning whether they had heard any juror talking about the case outside the jurys deliberations."

The third sentence of the second full paragraph on page 172 is deleted and the following sentence substituted: "The only cases in which we have had occasion to actually apply the presumption, however, have involved, like the high courts cases, concurrent representation of adverse clients by a single attorney."

This modification does not affect the judgment.

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People v. Rundle
(May 14, 2008)