Filed 2/9/09

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, v.TIMOTHY ALBERT GRAFF, Defendant and Appellant. B203935 (Los Angeles County Super. Ct. No. VA098185) ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT]

THE COURT:*

Pursuant to California Rules of Court, rule 8.264(c), it is ordered that the opinion filed herein on January 20, 2009 be modified as follows:

Delete the sentence that begins at the bottom of page 19 and ends at the top of page 20 and replace it with the following: “The court may allow amendment of the accusatory pleading to correct or make more specific the factual allegations of the offense charged at any stage of the proceeding, up to and including the close of trial, if there would be no prejudice to the defendant.”

On page 20, third line, after “People v. Posey (2004) 32 Cal.4th 193” insert “; In re Man J. (1983) 149 Cal.App.3d 475, 480.”

There is no change in the judgment.

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*EPSTEIN, P. J., MANELLA, J., SUZUKAWA, J.