People v. Calderon

Full title: THE PEOPLE, Plaintiff and Respondent, v. JOSE ROGELIO CALDERON, Defendant…

Court: California Court of Appeals, Fifth District

Date published: Jun 27, 2005

No. F044054 (Cal. Ct. App. Jun. 27, 2005)

Opinion

Page 708a

130 Cal.App.4th 708a __ Cal.Rptr.3d __ THE PEOPLE, Plaintiff and Respondent, v. JOSE ROGELIO CALDERON, Defendant and Appellant. F044054 California Court of Appeal, Fifth District June 27, 2005

Super. Ct. Nos. 01-73627 and 01-68605

THE COURT:

VARTABEDIAN, J.

It is ordered that the opinion filed herein on June 2, 2005 (129 Cal.App.4th 1301), be modified as follows:

1. On page 1 of the typewritten opinion [129 Cal.App.4th 1301, advance report, 1st. par.] the listing of the superior court numbers should read:

(Super. Ct. Nos. 01-73627 and 01-68605)

2. At the beginning the first line on page 2 [129 Cal.App.4th 1304, advance report, 1st. par.]of the typewritten opinion, add the phrase “In Tulare County Superior Court case No. 01-73627,” so the sentence reads:

In Tulare County Superior Court case No. 01-73627, appellant Jose Rogelio Calderon stands convicted, following a jury trial, of second degree murder (Pen. Code, § 187, subd. (a); count 1), evading an officer with willful or wanton disregard for safety (Veh. Code, ¹ § 2800.2, subd. (a); count 2), being an ex-felon in possession of a firearm (Pen. Code, § 12021, subd. (a)(1); count 3), leaving the scene of an accident resulting in death (§ 20001, subd. (a); count 4), unlawfully driving or taking a vehicle (§ 10851, subd. (a); count 5), driving under the influence of alcohol or drugs (§ 23152, subd. (a); count 7), and being under the influence of methamphetamine (Health & Saf. Code, § 11550, subd. (a); count 8).

3. On page 2 [129 Cal.App.4th 1304, advance report, 1st. par.], line 11 of the typewritten opinion, delete the words “in another case” and substitute the words “in case No. 01-68605,” so the sentence reads:

Sentenced to an aggregate term of 17 years 8 months to life in prison (which included a concurrent term for violation of probation in case No. 01-68605) and ordered to pay restitution and a restitution fine, he now appeals, raising various claims of error.

4. On page 16 [129 Cal.App.4th 1313, advance report, 1st. par.] of the typewritten opinion, delete the fourth line and substitute the following:

Page 708b

The judgment in case No. 01-73627 is reversed on count 1, but is affirmed as to the remaining counts. The judgment in case No. 01-68605 is affirmed.

This modification effects a change in the judgment.

I CONCUR: BUCKLEY, J.