Opinion
A114433
5-10-2007
NOT TO BE PUBLISHED
THE COURT:
It is ordered that the opinion filed herein on April 24, 2007, be modified as follows:
On page 19, at the end of the sentence reading, "The copy of the report contained in the appendix is not marked as an exhibit, so it is unlikely that the report was received into evidence," add as footnote 7 the following footnote, which will require renumbering all subsequent
On petition for rehearing, Englehart informs the court that pursuant to Local Rules for the Contra Costa County Superior Court, rule 12.8(F)(3)(b), the report was received into evidence although not marked as an exhibit. Assuming this to be true, the receipt of the report in evidence does not change the fact that Englehart has not argued that the report was inadmissible, nor does it affect the courts analysis or conclusion. We have no occasion to consider the consistency of the local rule with section 3111, subdivision (c).
The petition for rehearing is denied. There is no change in judgment.