People v. Johnson

Full title: THE PEOPLE, Plaintiff and Respondent, v. ROMUNDO JOHNSON, Defendant and…

Court: California Court of Appeals, Sixth District

Date published: Jun 18, 2007

No. H028782 (Cal. Ct. App. Jun. 18, 2007)

Opinion

Page 182a

152 Cal.App.4th 182a __ Cal.Rptr.3d__ THE PEOPLE, Plaintiff and Respondent, v. ROMUNDO JOHNSON, Defendant and Appellant. H028782M California Court of Appeal, Sixth District June 18, 2007

Monterey County Super. Ct. No. SS042234

ORDER MODIFYING OPINION AND DENYING REHEARING CHANGE IN JUDGMENT

BY THE COURT:

It is ordered that the opinion filed herein on May 22, 2007, (150 Cal.App.4th 1467; ___ Cal.Rptr. ___) be modified as follows, and petition for rehearing is DENIED:

1. On page 2, [150 Cal.App.4th 1471, advance report, 3d full par., line 8], first paragraph, last sentence, replace the phrase "and he was entitled to 36 days of presentence custody credit" with the following: "and he was entitled to 280 days of presentence custody credit."

2. On page 19 [150 Cal.App.4th 1485, advance report, 1st par, line 2], first line, replace the sentence "Defendant argues this was error and asles this court to correct the oversight and award 36 days of credit," with the following sentence: "Defendant argues this was error and asks this court to correct the oversight and award 244 days for actual time served and 36 days of conduct credit."

3. On page 19 [150 Cal.App.4th 1485, advance report, footnote 6], footnote 6, after the words "he is entitled to" add the words "conduct credit of."

4. On page 20 [150 Cal.App.4th 1485, advance report, 5th full par., line 5], first paragraph, last sentence, delete "36 days" and replace it with "280 days."

5. On page 20 [150 Cal.App.4th 1486, advance report, 1st full par., line 1], second paragraph, first sentence, delete "36 days" and replace it with "280 days."

This modification changes the judgment.

Rushing, P.J. Elia, J.