Opinion
Page 935d
144 Cal.App.4th 935d __ Cal.Rptr.3d __ THE PEOPLE, Plaintiff and Respondent, v. ANTHONY M. BUENO, Defendant and Appellant. A109650 California Court of Appeal, First District, Fifth Division November 17, 2006[CERTIFIED FOR PARTIAL PUBLICATION]
Napa County Super. Ct. No. CR119596
THE COURT:The opinion filed October 19, 2006 (143 Cal.App.4th 1503; __Cal.Rptr.3d__ ) is modified as follows: On page 9 [143 Cal.App.4th 1511, advance report, 1st full par., Iine3], the last sentence of the Disposition that reads “The cause is remanded to the trial court for resentencing or, at the prosecution’s election, retrial of the prior battery conviction” is deleted. The following sentence is inserted in its place: “The cause is remanded to the trial court for resentencing or, at the prosecution’s election, redetermination of whether the prior battery conviction constituted a strike within the meaning of the Three Strikes Law.”
This modification constitutes a change in the judgment.