Opinion
No. G045730.
10-10-2012
COSTA MESA CITY EMPLOYEES' ASSOCIATION, Plaintiff and Respondent, v. CITY OF COSTA MESA et al., Defendants and Appellants.
Modification of opinion (209 Cal.App.4th 353; ___ Cal.Rptr.3d ___), upon denial of rehearing.
THE COURT.
IT IS ORDERED that the opinion filed herein on September 13, 2012, be modified as follows and the petition for rehearing is DENIED:
1. On page 2 [209 Cal.App.4th 357, advance report, 3d par., lines 6-8], the last sentence on that page, beginning "The newly added section 1170, subdivision (h)," is modified to read as follows:
The newly added section 1170, subdivision (h) provides that felonies punished pursuant to this subdivision are generally punished by confinement to county jail for the term prescribed for the underlying offense.
2. On page 3 [209 Cal.App.4th 357, advance report, 3d par., lines 13-17], the last full sentence of the first partial paragraph, beginning "The only felons subject to a state prison sentence," is modified to read as follows:
The only felons punished under this subdivision who are subject to a state prison sentence are those with a current or prior serious or violent felony conviction, or who are required to register as a sex offender, or who are subject to the section 186.11 aggravated white collar crime enhancement.
There is no change in the judgment.
Respondent's petition for rehearing is denied.