Opinion
NOT TO BE PUBLISHED
San Mateo County Super. Ct. No. SCO53299.
ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]
SIMONS, Acting P.J.
THE COURT:
It is ordered that the opinion filed herein on October 18, 2007, be modified as follows:
1. On page 2, footnote 1, the first word “published” is changed to “unpublished” so the sentence now reads:
“Our unpublished decision in People v. Hughes (Apr. 21, 2006, A107671) continues to govern the disposition of issues not related to the Cunningham issue addressed in our present opinion.”
2. On page 4, the second sentence of the second full paragraph, the word “only” is deleted so the sentence now reads:
“The probation report in appellant’s case described five prior offenses, all of which resulted in adult convictions, and this was sufficient to support the “numerous and of increasing seriousness” factor without resort to appellant’s juvenile history.”
There is no change in the judgment.
The petition for rehearing is denied.