Opinion
NOT TO BE PUBLISHED
San Mateo County Super. Ct. No. SC054317
ORDER MODIFYING OPINION
Kline, P.J.
THE COURT:
Upon review of appellant’s application for order modifying opinion, filed on October 15, 2007, we hereby order that the unpublished opinion filed herein on October 5, 2007, be modified as follows:
In the second sentence of the first paragraph on page 25, the phrase “appellant contends,” is deleted and replaced by the phrase “the Attorney General contends.” Footnote 11 remains unchanged. The sentence now reads:
Regarding the “violent conduct which indicates that [appellant] is a serious danger to society” aggravated circumstance, [fn.] upon which the court based the count 3 enhancement upper term, the Attorney General contends the jury’s findings that appellant assaulted both Jimmy C. and Jose M. by use of force likely to cause great bodily injury inherently included a finding that he acted violently.”
There is no change in the judgment.