Opinion
A128479
12-08-2011
THE PEOPLE, Plaintiff and Respondent, v. MICHAEL ELLIS COLLINS, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Alameda County Super. Ct. No. C161265)
ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed hereon November 28, 2011, be modified as follows:
On page 10, footnote 6 is deleted and the following footnote 6 is inserted in its place:
6 Appellant additionally argues the merits of his instructional error claim. A discussion of the merits of that claim is subsumed within our discussion of his ineffective assistance of counsel claim.
There is no change in the judgment.
Appellant's petition for rehearing is denied.
___ , Act. P.J.