Opinion
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175 Cal.App.4th 662e __ Cal.Rptr.3d__ THE PEOPLE, Plaintiff and Respondent, v. TOMELIA DILLON et al., Defendants and Appellants. A117853M, A119292 California Court of Appeal, First District, First Division July 13, 2009San Francisco City & County Super. Ct. No. 199758
THE COURTIt is ordered that the opinion filed herein on June 16, 2009 (174 Cal.App.4th 1367; ___Cal.Rptr.3d___ ), be modified as follows:
1. On page 9, the second sentence of the first full paragraph [174 Cal.App.4th 1376, advance report, 1st full, par., 2d sentence] should be modified to read as follows:
The court sentenced Dillon to the middle term of three years on count IV, eight months or one-third the middle term for the lesser included grand theft conviction under count III, to be served consecutively, and six months in the county jail on count V, to be served concurrently with Dillon’s state prison sentence.
2. On page 32 [174 Cal.App.4th 1384, advance report, in the unpublished portion of the opinion], footnote 13 should be modified to read as follows:
The Attorney General points out certain errors that require correction in Dillon’s abstract of judgment and in the clerk’s minutes for April 23 and April 25, 2007. After reviewing relevant portions of the clerk’s and reporter’s transcripts, we agree that the matter should be remanded to correct the abstract and clerk’s minutes of April 23 and 25, 2007, to show that Dillon was convicted of grand theft from the person, a lesser included offense of robbery as charged in count III, rather than count VI.
3. On page 32 [174 Cal.App.4th 1384, advance report, in the unpublished portion of the opinion], the first sentence of the second full paragraph should be modified to read as follows:
The trial court is directed to (1) correct Hall’s abstract of judgment to reflect that he was convicted of the lesser included offense of assault with intent to commit sexual penetration by a foreign object, rather than of the charged offense of sexual penetration by a foreign object; (2) correct Dillon’s
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abstract of judgment and the clerk’s minutes of April 23 and April 25, 2007 to reflect that Dillon was convicted of grand theft from the person, a lesser included offense of robbery as charged in count III, rather than count VI; and (3) forward copies of the amended abstracts to the California Department of Corrections and Rehabilitation.
There is no change in the judgment.
Appellant Dillon’s motion to augment the record is granted.
Appellants Hall’s and Dillon’s petitions for rehearing are denied.