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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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.