Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 05F09563
ORDER MODIFYING OPINION AND DENYING REHEARING
THE COURT:
It is ordered that the opinion filed herein on April 15, 2008, be modified as follows:
1. In the first full paragraph on page 4 of the opinion, delete the word “lighter” in the second sentence which begins “Defendant Thomas has a lighter complexion” and substitute the word “darker” so the sentence will read: “Defendant Thomas has a darker complexion than defendant Alleyne.”
2. In the third full paragraph of footnote 2 that appears on page 6 of the opinion, delete the word “lighter” in the fifth sentence, which begins “He is African-American and lighter in complexion” and replace it with the word “darker” so the sentence will read: “He is African-American and darker in complexion than defendant Alleyne.”
In light of these modifications, which do not change the judgment, defendant Alleyne’s petition for rehearing is denied.
SCOTLAND, P.J., HULL, J., BUTZ, J.