Opinion
NOT TO BE PUBLISHED
Super.Ct.No. FVI025608
ORDER MODIFYING OPINION AND DENIAL OF PETITION FOR REHEARING
RICHLI, J.
Appellant’s petition for rehearing is denied. The opinion filed in this case on May 9, 2008, is modified as follows:
1. On page 5, in the second paragraph, strike “the rental company” and insert “a retail business.” Hence, the sentence should read, “Employees at a retail business called the police on the morning of August 5, after finding bloody items in their dumpster that had not been there at 4:00 p.m. the previous day.”
2. On page 5, in the second paragraph, strike “including a Leatherman-type multipurpose tool” and insert an additional sentence, “DNA evidence was also found on a Leatherman-type multipurpose tool, which was found in defendant’s motel room.” Hence, the two sentences should read, “DNA tests established that Flores’s blood was on the bleach bottle and other items found in the plastic bag. DNA evidence was also found on a Leatherman-type multipurpose tool, which was found in defendant’s motel room.”
Except for the modifications hereinabove set forth, the opinion previously filed remains unchanged. This modification does not effect a change in the judgment.
We concur: McKINSTER, Acting P. J., GAUT, J.