Opinion
NOT TO BE PUBLISHED
Super. Ct. No. RIF137137
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING
MILLER J.
The petition for rehearing is denied. The opinion filed in this matter on April 24, 2009, is modified as follows:
1. On page two, the first sentence of the second paragraph under the heading “FACTUAL AND PROCEDURAL HISTORY” shall read:
“Defendant entered the store after the second Hispanic male, grabbed some cigarettes, and left.”
The remainder of the paragraph, including footnote number 2, is unchanged.
Except for this modification, the opinion remains unchanged. The modification does not affect a change in the judgment.
We concur: HOLLENHORST Acting P. J., McKINSTER J.