Filed 3/4/09

CERTIFIED FOR PARTIAL PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

v.

HELIODORO ROMERO-ARELLANO et al.,

Defendants and Appellants.

A119908

(Sonoma County

Super. Ct. No. SCR-516132)

ORDER DENYING PETITION FOR REHEARING AND MODIFYING OPINION

[NO CHANGE IN JUDGMENT]

THE COURT:

The petition for rehearing filed by appellant Jimenez-Gutierrez, joined by appellant Romero-Arellano, is denied.

It is ordered that the partially published opinion filed herein on February 11, 2009, be modified as follows:

From the first sentence of the first full paragraph on page 21, delete the following: “, not cited by either party,.”

There is no change in judgment.

Dated: March 4, 2009

____________________________

Kline, P.J.