People v. Valdez

FRANSON, Acting, P. J.

I respectfully dissent.

The majority holds that the trial court properly required appellant to elect between keeping his defense expert in the courtroom to assist his counsel in cross-examining the prosecution’s expert witness and calling the defense *699expert as a witness. By electing to keep the defense expert in the courtroom in the face of the exclusion order, appellant waived his right to call the expert as part of the defense case.1

I submit, however, that although the trial court granted appellant’s motion to keep his expert in the courtroom to assist in the…