People v. Phillips

Full title: THE PEOPLE, Plaintiff and Respondent, v. MICHAEL CLAYTON PHILLIPS…

Court: California Court of Appeals, Sixth District

Date published: Jun 7, 2001

No. H020377 (Cal. Ct. App. Jun. 7, 2001)

Opinion

Page 1299a

89 Cal.App.4th 1299a THE PEOPLE, Plaintiff and Respondent, v. MICHAEL CLAYTON PHILLIPS, Defendant and Appellant. H020377. California Court of Appeal, Sixth District June 7, 2001

OPINION

THE COURT. ^*

* Before Cottle, P. J., Bamattre-Manoukian, J., and Wunderlich, J.

It is ordered that the opinion filed herein on May 16, 2001, 89 Cal.App.4th 61 107 Cal.Rptr.2d 84 be modified in the following particulars:

1. On page 2, the third full paragraph [89 Cal.App.4th 67, advance report, 1st full par.], beginning "We will strike the quantity" is deleted and the following paragraph is inserted in its place:

"We will reverse the judgment, order the quantity enhancement imposed under Health and Safety Code section 11370.4, subdivision (a)(1) stricken, and remand for resentencing."

There is no change in the judgment.

Appellant's petition for rehearing is denied.