Opinion
NOT TO BE PUBLISHED
Super.Ct.No. RIF138465
ORDER MODIFYING OPINION
RICHLI, Acting P.J.
THE COURT
It is ordered that the opinion filed herein on November 30, 2009, be modified as follows:
1. In the case title, the spelling of defendant’s last name is changed from Torres to Torrez.
2. In the first sentence of the first paragraph on page two, the spelling of defendant’s last name is changed from Torres to Torrez.
3. Immediately after defendant’s name in the first sentence of the first paragraph on page two, the following footnote 1 is inserted:
1 There is some confusion in the record as to the proper spelling of defendant’s last name. The information and the probation report list the proper spelling as “Torres,” while most other places in the record, including on the abstract of judgment, it is spelled “Torrez.” We will adopt the “Torrez” spelling to conform to the abstract of judgment.
3. All other footnotes in the opinion are renumbered accordingly.
Except for this modification, the opinion remains unchanged. This modification does not effect a change in judgment.
We concur: GAUT, J., KING, J.