MODIFICATION OF OPINION
THE COURT:
The opinion herein filed August 14, 2008, and published at 44 Cal.4th 1032, is modified as follows:
On page 1087, second full paragraph, before the last sentence, and after the sentence, "Here, the trial courts authorization for defendant to submit to a psychiatric evaluation by a prosecution expert was contrary to our recent opinion in Verdin." the following sentence is inserted: "Moreover, admission of Dr. Terrells testimony regarding defendants refusal to cooperate with the court-ordered psychiatric examination was also error." This modification does not affect the judgment.