Opinion
NOT TO BE PUBLISHED
Super. Ct. No. SCE279716
McINTYRE, Acting P. J.
THE COURT:
The opinion filed September 24, 2009 is modified as follows:
On page 15, the first full paragraph, third sentence should read:
It is reasonably likely that lay jurors would conclude that the trial court was instructing them that under the law, Harvey had "carefully weighed the considerations for and against his choice and, knowing the consequences, decided to kill," but they were required to decide whether Harvey's actions were willful and premeditated before making a true finding on the enhancement allegation.
The petition for rehearing is denied.