Filed 3/6/09

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Shasta)

—-

In re TIMOTHY ELLIS ROSS on Habeas Corpus.

C057249

(Super. Ct. No. 06HB1582)

ORDER MODIFYING OPINION AND DENYING REHEARING; NO CHANGE IN JUDGMENT

THE COURT:

It is ordered that the opinion filed in this case on February 10, 2009, be modified as follows:

On page 2, lines 22-23, delete “this rule, renumbered rule 8.380(d)(2), was later repealed on January 1, 2009” and substitute “now rule 8.385(c)(2)” so the lines read:

that rendered the underlying judgment”], now rule 8.385(c)(2).)

This modification does not change the judgment.

The petitions for rehearing are denied.

FOR THE COURT:

SCOTLAND , P. J.

NICHOLSON , J.

ROBIE , J.