Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 04CF2502
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING; NO CHANGE IN JUDGMENT.
O’LEARY, J.
It is ordered that the opinion filed herein on March 12, 2009, be modified in the following particulars:
1. On page 7, last paragraph, delete the last sentence starting with “We agree a person of average disposition . . . .”; and replace with the following sentence: “We agree a person of average disposition may have felt fear when approached by two teenage gang members in front of a store in a rough neighborhood, but would not have been aroused to a passion sufficient to justify deadly force.”
This modification does not effect a change in judgment.
The petition for rehearing is DENIED.
WE CONCUR: SILLS, P. J., FYBEL, J.