ORDER
Appellant Edwin Berberena, by counsel, has filed a Motion to Publish. Having reviewed the matter, the Court FINDS AND ORDERS AS FOLLOWS:
1. Appellant's Motion to Publish is GRANTED, and this Court's opinion handed down in this cause on July 23, 2009, marked Memorandum Decision, Not for Publication, is now ORDERED PUBLISHED.
2. The Clerk of the Court is directed to send copies of said opinion together with copies of this Order to the Thomson Reuters West Publishing Company and to all other companies, services and individuals to whom published opinions are normally sent.
ORDERED this 25 th day of September, 2009.
Najam, Friedlander, Vaidik, J.J., concur.