Opinion
NOT TO BE PUBLISHED
Super. Ct. No. CR08-3533
ORDER MODIFYING OPINION
THE COURT:
It is ordered that the nonpublished majority opinion filed herein on June 21, 2012, be modified as follows:
At page 9, delete the fourth sentence of the first paragraph, which begins, “Without affirmative proof, circumstantial or otherwise, ” and revise it as follows:
Without affirmative evidence proof, circumstantial or otherwise, that Robert had permitted defendant to use his computer, the matter remains since there is no substantial evidence to support it Robert’s having given such permission.
so that the sentence now reads:
Without affirmative evidence, circumstantial or otherwise, that Robert had permitted defendant to use his computer, there is no substantial evidence to support Robert’s having given such permission.
This modification does not change the judgment.
NICHOLSON, Acting P. J., BUTZ, J.