Opinion
NOT TO BE PUBLISHED
Super. Ct. No. SCD210395
ORDER MODIFYING OPINION AND DENYING REHEARING
HUFFMAN, Acting P. J.
THE COURT:
It is ordered that the opinion filed herein on July 17, 2009, be modified as follows:
1. On page 12, the last five sentences of the first full paragraph are deleted, so the paragraph reads:
"Based on the evidence and inferences drawn from the evidence, Cruz was more than an innocent passenger in the car. She aided and abetted the commission of the crime as discussed above in the harmless error analysis."
2. On page 16, the following paragraph is added before the disposition:
"Our conclusion that the instructional error was harmless under the standard stated in Chapman v. California (1967) 386 U.S. 18, 24, disposes of Cruz's claim such error violated her right to due process under the federal Constitution. (Rose v. Clark (1986) 478 U.S. 570, 579 ["The thrust of the many constitutional rules governing the conduct of criminal trials is to ensure that those trials lead to fair and correct judgments. Where a reviewing court can find that the record developed at trial establishes guilt beyond a reasonable doubt, the interest in fairness has been satisfied and the judgment should be affirmed."].)"
There is no change in the judgment.
Appellant's petition for rehearing is denied.