Opinion
NOT TO BE PUBLISHED
Super. Ct. No. E042845
MODIFICATION ORDER AND ORDER DENYING PETITION FOR REHEARING
McCONNELL, P. J.
THE COURT:
The opinion filed on October 28, 2009 is modified as follows:
On page 18, delete the last sentence in the first full paragraph.
On page 19, insert the following paragraph starting at line 3 just above Section B Count 2.
Accordingly, the abstract of judgment should be amended to strike the language doubling Booker's life term and imposing a 15-year gang enhancement and Booker should be sentenced to a prison term of life, with a minimum parole eligibility term of 30 years, plus 25-years to life on the section 12022.53, subdivision (d) enhancement.
On page 22, delete the second full paragraph addressing Count 1 and insert:
On count 1, the court is directed to strike the language doubling Booker's life term and imposing a 15-year gang enhancement. The court is also directed to amend the judgment to show that the firearm enhancement under section 12022.53 was under subdivision (d), rather than subdivision (b), and that the sentence on the enhancements under subdivisions (b) and (c) were stayed under section 654. The court is directed to sentence Booker to a prison term of life, with the minimum parole eligibility term of 30 years, plus 25 years to life, on the section 12022.53 enhancement.
The petition for rehearing is denied.