Filed 5/14/09

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

v.

MICHAEL HOUSTON CHAFFIN,

Defendant and Appellant.

E046217

(Super.Ct.No. RIF137419)

ORDER MODIFYING OPINION

[NO CHANGE IN JUDGMENT]

The partially published opinion filed in this matter on May 14, 2009, is modified as follows:

1. On page 1, footnote * should be modified to read as follows: “* Pursuant to California Rules of Court, rules 8.1105(b) and 8.110.1, the introduction paragraphs and sections 2(b) and 4 of this opinion are certified for publication.”

Except for this modification, the opinion remains unchanged. This modification does not effect a change in the judgment.

CERTIFIED FOR PARTIAL PUBLICATION

s/Gaut

J.

We concur:

s/McKinster

Acting P. J.

s/King

J.