Opinion
No. E072843.
05-18-2021
THE PEOPLE, Plaintiff and Respondent, v. CARL RAY FLORES, JR., Defendant and Appellant.
[Modification of opinion (63 Cal.App.5th 368; ___ Cal.Rptr.3d ____).]
THE COURT.—The Court ORDERS the opinion modified by replacing the language in footnote 4 [63 Cal.App.5th 381, advance report, fn. 4] with the following language instead:
Section 1170 is inapplicable because its relevant subdivisions address determinate sentencing, and attempted murder receives an indeterminate sentence. (§ 1170, subds. (a)-(c).) Section 190 is inapplicable because it provides the punishment for murder. (Miranda, supra, 192 Cal.App.4th at p. 415.)
Except for this modification, which does not affect the judgment, the opinion is unchanged.