Opinion
Super. Ct. No. RIF135609
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING
Ramirez, P.J.
The petition for rehearing is denied. The opinion filed in this matter on November 9, 2009, is modified as follows:
The first full paragraph on page 6 of the dissent is modified to add the word “not” after the word does, so that the paragraph reads as follows:
While I fully understand that the jury found that the Frederick Street address was a second residence, this finding does not equate to a finding that defendant had actual knowledge that it was a second residence.
Except for this modification, the opinion remains unchanged. This modification does not affect a change in the judgment.
We concur: Gaut, J., King, J.