Opinion
NOT TO BE PUBLISHED
Super. Ct. No. F07906870
ORDER MODIFYING OPINION
HILL, J.
THE COURT:
It is ordered that the opinion filed herein on October 30, 2009, be modified as follows:
1. On page 17, the last sentence of footnote 5, insert the word “not” before the word “interposing.” The modified sentence will read as follows:
Under these circumstances, trial counsel cannot be faulted for not interposing a motion for mistrial.
Except for the modification set forth, the opinion previously filed remains unchanged.
This modification does not effect a change in the judgment.
I CONCUR: CORNELL, Acting P.J.