Opinion
NOT TO BE PUBLISHED
Santa Cruz County Super. Ct. No. F08804
RUSHING, P.J.
THE COURT:
It is ordered that the opinion filed herein on February 29, 2008, be modified as follows:
1. On page 7, line 3, the sentence beginning with “The court” and ending with “to be true” is modified to read as follows:
The court granted the People’s motion to dismiss count 2, as to which the court declared a mistrial.
There is no change in the judgment.
Appellant’s petition for rehearing is denied.
WE CONCUR: PREMO, J., ELIA, J.