Opinion
NOT TO BE PUBLISHED
Alameda County Super. Ct. No. C157206
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING
THE COURT:
Appellant’s petition for rehearing, filed October 3, 2011, is denied. The opinion is modified as follows:
Page 2, paragraph 1, line 8: Delete the semicolon and insert a period after the word “evidence” and delete the entire phrase “they also agreed jeopardy did not attach because the court had not sworn the alternate jurors.”
This modification does not affect the judgment.