Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 05F02743
SCOTLAND , P.J., MORRISON , J., CANTIL-SAKAUYE , J.
ORDER MODIFYING OPINION AND DENYING REHEARING;
THE COURT:
It is ordered that the opinion filed in this case on August 3, 2007, be modified in the following particulars:
1. On page 1, in the first line of the second paragraph, add the word “attempted” before the word “escape,” so that the line reads:
Defendant entered a negotiated plea of no contest to attempted escape and
2. On page 2, in the second line of the second full paragraph, add the word “attempted” before the word “escape,” so that the line reads:
the sentence he was serving at the time of his attempted escape was improper;
3. On page 2, delete the fourth full paragraph and substitute the following paragraph:
Defendant’s second contention--for his attempted escape conviction, he “should have been given 1/2 the sentence according to P.C. Section 664”--also fails because a “prisoner who commits an escape or attempts an escape” from state prison, without force or violence, violates Penal Code section 4530, subdivision (b), which imposes the same punishment for escape and attempted escape.
These modifications do not change the judgment.
The petition for rehearing is denied.