Opinion
NOT TO BE PUBLISHED
San Mateo County Super. Ct. No. SC042607A
Kline, P.J.
It is ordered that the opinion filed herein on February 15, 2008, be modified as follows:
1. In the first full paragraph on page 25, after the sentence beginning “Under the circumstances,” the following sentence is added: “In light of Smart’s appellate argument, it is important to recognize the dual significance of the strong evidence before us that the purpose of Smart’s motion was to delay the trial and to frustrate the orderly administration of justice. Not only does this evidence support the lower court’s discretionary ruling, it also establishes an independent ground for affirming the Faretta ruling even if we could be persuaded that the motion was timely. (Marshall, supra, 15 Cal.4th at p. 23.)”
This modification does not effect a change in the judgment.
Appellant’s petition for rehearing is denied.