People v. Montes

Full title: THE PEOPLE, Plaintiff and Respondent, v. ANTHONY RALPH MONTES, Defendant…

Court: Court of Appeals of California, Fifth Appellate District.

Date published: Nov 25, 2003

F040612m (Cal. Ct. App. Nov. 25, 2003)

Opinion

F040612m. F040618.

11-25-2003

THE PEOPLE, Plaintiff and Respondent, v. ANTHONY RALPH MONTES, Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v. RUTIN PABLO HERRERA, Defendant and Appellant.

Ardaiz

THE COURT

It is ordered that the opinion filed herein on October 31, 2003, is modified as follows:

(1) On page 9, line 23, the word, appellants, is deleted and replaced with the word, respondents.

(2) On page 10, line 15, the word, appellants, is deleted and is replaced with the word, respondents.

(3) On page 11, the words, "The judgment is reversed," are deleted and replaced with the following:

The judgment of conviction in case No. SC083388A (appellant Montes; F040612) is reversed as to count 3 only (attempted voluntary manslaughter), and the matter is remanded to the superior court for resentencing. The judgment of conviction in case No. SC083300B (appellant Herrera; F040618) is reversed as to count 1 only (attempted voluntary manslaughter), and the matter is remanded to the superior court for resentencing.

Appellants petition for rehearing is denied.

WE CONCUR: Buckley, J. and Wiseman, J.