Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 2005012014,Ventura County
ORDER MODIFYING OPINION AND DENYING REHEARING
THE COURT:
It is ordered that the opinion filed herein on February 4, 2008, be modified as follows:
1. On page 1, the third sentence of the first paragraph that reads, "After a restitution hearing, the court also directed him to pay his employer $53,656 in restitution," is deleted and replaced with the following sentence:
After a restitution hearing, the court also directed him to pay his employer $53,556.53 in restitution.
2. On page 3, the last sentence of the fourth full paragraph that reads,
"He also claimed that pain prevented his walking, standing, kneeling, squatting, bending and lifting," is deleted and replaced with the following sentence:
Zohman later advised Castro that appellant continued to report that "he couldn't perform lifting activities over 10 pounds, kneeling, squatting, bending … and walking," without the use of a crutch.
3. On page 4, the third full paragraph, the sixth sentence that reads, "The court offered counsel a three-day weekend continuance to produce Nagelberg," is deleted.
There is no change in the judgment.
Appellant's petition for rehearing is denied