Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 03F29
ORDER MODIFYING OPINION AND DENYING REHEARING
SCOTLAND, P.J., SIMS, J., NICHOLSON, J.
THE COURT:
The opinion filed March 17, 2008, in the above cause is modified in the following respects:
On page 22, at the end of the first full paragraph, insert a footnote to read:
Defendant also contends that the instructional error violated his rights under the Fourteenth Amendment to the United States Constitution, requiring prejudice analysis under Chapman v. California (1967) 386 U.S. 18, 24 [17 L.Ed.2d 705] (Chapman). Even assuming that Chapman applies, the error is still harmless for the reasons stated above.
On page 24, at the end of the first full paragraph, insert a footnote to read:
Defendant also contends that the instructional error violated his rights under the Fourteenth Amendment to the United States Constitution, requiring prejudice analysis under Chapman, supra. We have already explained that we do not think the instruction given was erroneous. But even if it was, the error is harmless under Chapman for the reasons explained above.
This modification does not change the judgment.
The petition for rehearing is denied.