Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 04WF1875
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING; NO CHANGE IN JUDGMENT
FYBEL, J.
It is ordered that the opinion filed herein on June 13, 2007, be modified as follows:
1. In the first sentence of the last paragraph on page 14, beginning, “As discussed ante,” delete the word “defendant” and replace with “the Santa Nita gang member described in the hypothetical.”
2. In the last sentence of the last paragraph starting on page 14 and continuing to page 15, beginning, “The jury was instructed,” delete the word “defendant” and replace with “the Santa Nita gang member.”
These modifications do not effect a change in the judgment. The petition for rehearing is DENIED.
WE CONCUR: SILLS, P. J., RYLAARSDAM, J.