Opinion
NOT TO BE PUBLISHED
Humboldt County Super. Ct. No. CR071451
ORDER MODIFYING OPINION AND DENYING REHEARING
THE COURT:
It is ordered that the opinion filed herein on June 23, 2008, be modified as follows:
On page 5, last sentence of the first paragraph, beginning “Accordingly, even if” is deleted and the following sentence is inserted in its place:
Accordingly, even if defense counsel had objected to the inclusion or consideration of the out-of-state arrests listed on the probation report,
it is not reasonably probable that defendant would have received less than the upper term sentence.
Appellant’s petition for rehearing is denied. There is no change in the judgment.