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People v. Beltran

COURT OF APPEAL, FOURTH DISTRICT DIVISION TWO STATE OF CALIFORNIA
Sep 11, 2012
E053541 (Cal. Ct. App. Sep. 11, 2012)

Opinion

E053541

09-11-2012

THE PEOPLE, Plaintiff and Respondent, v. DAVID ANTHONY BELTRAN, Defendant and Appellant.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS


California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for

publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication

or ordered published for purposes of rule 8.1115.


(Super.Ct.No. FVA701548)


ORDER MODIFYING OPINION

AND DENYING PETITION FOR

REHEARING

[NO CHANGE IN JUDGMENT]

The petition for rehearing is denied. The disposition of the opinion filed in this matter on August 21, 2012, is hereby modified, as follows:

The true findings under sections 186.22, subdivision (b) and 12022.53, subdivisions (b), (c), (d) and (e)(1) are reversed, as are the sentences imposed for them. If the People elect not to retry defendant for these enhancements, or if the trial court determines retrial is barred, the trial court is directed to impose a one year enhancement pursuant to section 12022, subdivision (a)(1) as to the murder and to note this in an amended abstract of judgment and court minutes. In either event, the trial court is further directed to amend the abstracts of judgment and minutes of the sentencing hearing to reflect an award of 1,325 days of credit for defendant's actual presentence custody of 1,325 days. In all other respects, the judgment is affirmed.

Except for this modification, the opinion remains unchanged. This modification does not change the judgment.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ

P.J.
We concur: KING
J.
CODRINGTON
J.


Summaries of

People v. Beltran

COURT OF APPEAL, FOURTH DISTRICT DIVISION TWO STATE OF CALIFORNIA
Sep 11, 2012
E053541 (Cal. Ct. App. Sep. 11, 2012)
Case details for

People v. Beltran

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. DAVID ANTHONY BELTRAN, Defendant…

Court:COURT OF APPEAL, FOURTH DISTRICT DIVISION TWO STATE OF CALIFORNIA

Date published: Sep 11, 2012

Citations

E053541 (Cal. Ct. App. Sep. 11, 2012)