Filed 8/26/13 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C067178 Plaintiff and Respondent, (Super. Ct. No. 10F00181) v. ORDER MODIFYING GEORGE HANNA, OPINION AND DENYING REHEARING Defendant and Appellant. [NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on July 31, 2013, be modified as follows: Delete the last sentence that begins on page eight and continues on page nine and replace with the following sentence: The trial court correctly instructed on the elements of attempted lewd act with a child under 14 years of age.

This modification does not change the judgment.

The petition for rehearing is denied.

THE COURT:

NICHOLSON , Acting P. J.

MAURO , J.

HOCH , J.