Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 05WF1500
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING; NO CHANGE IN JUDGMENT
FYBEL, J.
It is ordered that the opinion filed herein on January 21, 2011, be modified as follows:
On page 22, in the second paragraph beginning “Smithley argues, ” delete the entire first sentence and replace it with the following sentence:
Smithley argues Penal Code section 803, former subdivision (g) does not only apply to extending the statute of limitations, but also governs which acts of lewd conduct may be punished after the statute of limitations has expired.
This modification does not effect a change in the judgment. The petition for rehearing is DENIED.
WE CONCUR: RYLAARSDAM, ACTING P. J., BEDSWORTH, J.