Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 05ZF0082
ARONSON, J.
It is ordered that the opinion filed herein on August 30, 2007, be modified as follows:
On page 8, at the end of the first partial paragraph which concludes “is nowhere shown to have been the case here,” add the following sentence:
Nor has it been shown the defendant or his cohorts instigated the gun battle by wielding their guns before their rivals commenced firing.
This modification does not change the judgment. The petition for rehearing is DENIED.
WE CONCUR: BEDSWORTH, ACTING P. J., O’LEARY, J.