Opinion
NOT TO BE PUBLISHED
Super.Ct.No. RIF100410.
ORDER MODIFYING OPINION AND DENIAL OF PETITION FOR REHEARING
Gaut J.
Appellant’s petition for rehearing is denied. The opinion filed in this matter on June 17, 2008, is modified as follows:
1. On page 10, line 4, the word “mistrial” should read “retrial”.
Except for this modification, the opinion remains unchanged. This modification does not effect a change in the judgment.
We concur: McKinster, Acting P. J., Miller J.