Opinion
NOT TO BE PUBLISHED
Los Angeles County Super. Ct. No. GA 044716
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING
RUBIN, ACTING P. J. FLIER, J.
GOOD CAUSE appearing therefor, the opinion filed on August 19, 2009, in the above-entitled matter is hereby modified as follows:
On page 21, after the second full paragraph, add the following paragraph:
“On August 31, 2009, Cory filed a petition for rehearing, complaining that this court did not address a contention that the trial court failed to protect his federal and state constitutional rights to due process of law when it admitted the DNA evidence. That argument was not raised below. Moreover, it was raised before this court in an episodic manner, without a separate caption to separate it from the abuse of discretion argument. In any event, we find that the admission of the DNA evidence in this case did not violate Cory’s or Brandale’s rights to due process of law under the federal and state constitutions.”
The modification does not affect the judgment.
The petition for rehearing filed on August 31, 2009, is denied.