Opinion
NOT TO BE PUBLISHED
Super. Ct. No. BF110280A
Order Modifying Opinion and Denying Rehearing
DAWSON, J.
The Court:
It is ordered that the opinion filed herein on August 21, 2009, be modified as follows:
1. On page 7, the third sentence of the first full paragraph, beginning “At oral argument” is deleted and the following sentence and footnote are inserted in its place, which will require the renumbering of subsequent
Appellate counsel acknowledged this problem at oral argument and abandoned his contention that trial counsel was ineffective in failing to urge conviction for a nonexistent crime.2
2. Footnote 2, added in item No. 1, ante, reads as follows:
Counsel followed this concession with the statement that “the prosecution could have asked for an aggravated assault as an alternative ….” In a petition for rehearing, counsel appears to suggest that defense counsel should have requested instruction on aggravated assault. We will not address these late and undeveloped contentions. (See People v. Lewis (2008) 43 Cal.4th 415, 536, fn. 30 [argument made for first time in reply brief]; Akins v. State of California (1998) 61 Cal.App.4th 1, 50 [argument with no authority in support may be treated as waived].)
There is no change in the judgment. Appellant’s petition for rehearing is denied.
WE CONCUR: LEVY, Acting P.J., GOMES, J.