Opinion
NOT TO BE PUBLISHED
San Mateo County Super. Ct. No. SC055718
BY THE COURT:Kline, P.J.
It is ordered that the opinion filed herein on July 18, 2007 be modified as follows:
1. Footnote 4, page 18 shall be deleted and replaced with the following: “The day before Michael G.’s testimony, the trial granted a motion to sever Brooks’s trial from that of his co-defendant Nathan Seastrunk, who was accused of being the other person who robbed Rodrigues and Asoau. Although Brooks’s counsel was aware that Michael G. would testify the next day, neither he nor Brooks were present when Michael G. testified about the conditions under which he made statements to Espinoza and, later, to a deputy district attorney and police officer.”
2. Page 20, line 9, the words “Brooks’s co-defendant” shall be deleted.
3. Page 6, line 14, the phrase “that case” shall be deleted and replaced with the phrase “this case.”
The Petition for Rehearing is denied. This modification does not effect a change in the judgment.