Opinion
NOT TO BE PUBLISHED
Alameda County Super. Ct. No. C161265
ORDER MODIFYING OPINION AND DENYING REHEARING
THE COURT:
It is ordered that the opinion filed hereon November 28, 2011, be modified as follows:
On page 10, footnote 6 is deleted and the following footnote 6 is inserted in its place:
6 Appellant additionally argues the merits of his instructional error claim. A discussion of the merits of that claim is subsumed within our discussion of his ineffective assistance of counsel claim.
There is no change in the judgment.
Appellant’s petition for rehearing is denied.