People v. Leal

Full title: THE PEOPLE, Plaintiff and Respondent, v. JAVIER LEAL, Defendant and…

Court: California Court of Appeals, Sixth District

Date published: Jul 22, 2008

No. H030415 (Cal. Ct. App. Jul. 22, 2008)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. JAVIER LEAL, Defendant and Appellant. H030415 California Court of Appeal, Sixth District July 22, 2008

NOT TO BE PUBLISHED

Santa Clara County Super. Ct. No. CC619871

ORDER MODIFYING OPINION AND DENYING REHEARING

1. The above captioned opinion which was filed on July 8, 2008, is hereby modified as follows:

a. Pages 19 through 22, delete section C, subsection 1, except for the headings and the first two sentences of the subsection.

b. Page 26, last paragraph of the opinion, delete entire paragraph and substitute the following: The judgment is modified to stay execution of the sentence imposed on counts two and four pursuant to section 654. As modified, the judgment is affirmed. The trial court is directed to prepare an amended abstract of judgment and forward a certified copy to the Department of Corrections and Rehabilitation.

This change affects the judgment.

2. The petition for rehearing is denied.

ELIA, J., RUSHING, P. J.