Opinion
NOT TO BE PUBLISHED
Santa Clara County Super. Ct. No. 181284
ORDER MODIFYING OPINION AND DENYING REHEARING
Mihara, J.
THE COURT
It is ordered that the opinion filed herein on August 12, 2010, be modified as follows:
1. On page 33, at the end of the first full paragraph, add as footnote 18 the following footnote:
18 Alspaw argues that the details of Swanson’s abuse of animals was admissible under Evidence Code section 801 as the basis for Dr. Kaser-Boyd’s opinion that she suffered from the effects of intimate partner battering, and that this evidence tended to prove that Swanson was a very violent person, enjoyed being cruel, and needed to have power and control over others. “ ‘While an expert may state on direct examination the matters on which he relied in forming his opinion, he may not testify as to the details of such matters if they are otherwise inadmissible. [Citations.] The rule rests on the rationale that while an expert may give reasons on direct examination for his opinions, including the matters he considered in forming them, he may not under the guise of reasons bring before the jury incompetent hearsay evidence. [Citation.]’ ” (People v. Coleman (1985) 38 Cal.3d 69, 92.) Here, even if Dr. Kaser-Boyd testified that she relied on the police reports of Swanson’s animal cruelty to form her opinion, the details of such conduct would not have been admissible and thus do not change our prejudice analysis.
This modification does not affect the judgment.
The petition for rehearing is denied.
Bamattre-Manoukian, Acting P. J. Duffy, J.