Opinion
Page 988a
161 Cal.App.4th 988a __ Cal.Rptr.3d __ THE PEOPLE, Plaintiff and Respondent, v. REYAS CONCHA et al., Defendants and Appellants. B195197 California Court of Appeal, Second District, Fifth Division April 16, 2008[CERTIFIED FOR PARTIAL PUBLICATION ]
Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is certified for partial publication.
THE COURT:
It is ordered that the opinion filed herein on March 18, 2008, (160 Cal.App.4th 1441;___Cal.Rptr.3d___), is hereby modified as follows, and the petition for rehearing is DENIED:
1. The last sentence of the first paragraph and entire second paragraph of ARGUMENT section G. [160 Cal.App.4th 1463, advance report, in unpublished portion] are deleted and replaced with:
"It therefore appears that Concha should have been sentenced to life with the possibility of parole on count 2, the attempted murder charge. (See § 1168, subd. (b) [court imposing an indeterminate sentence "shall not fix the term or duration of the period of imprisonment"]; but see § 3046, subd. (a)(1) [defendant imprisoned under a life sentence not eligible for parole until he or she has served a minimum "term of at least seven calendar years"].)
As to Hernandez, who admitted he had suffered a prior conviction of a serious or violent felony, it appears he should have been sentenced to a term of 14 years to life on count 2—the seven -year minimum parole eligibility period under section 3046, subdivision (a)(1) doubled pursuant to section 667, subdivision (e)(1). (See People v. Jefferson (1999) 21 Cal.4th 86, 96 [86 Cal.Rptr.2d 893, 980 P.2d 441].)
The abstracts of judgment must be modified to reflect these sentences."
2. The first sentence of the DISPOSITION [160 Cal.App.4th 1463, advance report, 2d full par., 1st sentence] is deleted and replaced with: "The abstract of judgment as to Hernandez shall be modified to reflect that
Page 988b
Hernandez was sentenced to seven years to life, doubled to 14 years under sections 3046, subdivision (a)(1) and 667, subdivision (e)(1), respectively; and the abstract of judgment as to Concha shall be modified to reflect that Concha was sentenced to a life term with the possibility of parole."