Filed 1/13/99

The People, )

)

Plaintiff and Respondent, )

) S029453

v. )

) San Diego

Rudolph Jose Roybal, ) Super. Ct. No. CRN 20596

)

Defendant and Appellant. )

)

The opinion herein, filed on November 12, 1998, appearing at 19 Cal.4th 481, is modified to add the following footnote at the end of the first complete paragraph on page 512:

We reject at the outset defendant’s assertion that the San Diego County District Attorney’s office deliberately delayed the prosecution of defendant’s case in order to gain a tactical advantage. (See Doggett v. United States (1992) 505 U.S. 647, 656; Robinson v. Whitley (5th Cir. 1993) 2 F.3d 562, 570 ["[I]f the defendant can show that the government intentionally held back its prosecution in order to gain an impermissible tactical advantage, then the defendant would ‘present an overwhelming case for dismissal.’"].) In the moving papers he filed in the trial court, defendant made no allegation that the District Attorney intentionally delayed prosecution for tactical reasons, and he offered no evidence that such was the case at the hearing on his motion to dismiss.

This change will require renumbering of all subsequent footnotes. The modification does not affect the judgment.