Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 06HF1789
ORDER MODIFYING OPINION AND DENYING REHEARING
ARONSON, J.
It is ordered that the opinion filed herein on June 23, 2008, be modified as follows:
1. On page 5, second sentence of the second paragraph, beginning with “The trial court placed” and ending with “one year in jail” is changed so the sentence reads:
The trial court ordered defendant to serve 365 days in jail.
2. On page 8, the second sentence of the second full paragraph, the words “received an acquittal” are changed to “obtained a better result” so the sentence reads:
Based on our review of the record, we are not convinced defendant would have obtained a better result had the evidence been excluded.
3. On page 9, the last sentence of the first full paragraph, beginning with “We therefore conclude” and ending with “statements been excluded” is deleted and so the sentence reads:
We therefore conclude it is not reasonably probable defendant would have obtained a more favorable result in the absence of the error.
These modifications do not change the judgment. The petition for rehearing is DENIED.
WE CONCUR: SILLS, P. J., IKOLA, J.