People v. Cortes

Full title: THE PEOPLE, Plaintiff and Respondent, v. BENITO CORTES, Defendant and…

Court: California Court of Appeals, Second District, Fifth Division

Date published: Jun 17, 2009

No. B206770 (Cal. Ct. App. Jun. 17, 2009)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. BENITO CORTES, Defendant and Appellant. B206770 California Court of Appeal, Second District, Fifth Division June 17, 2009

Los Angeles County Super. Ct. No. NA064923

ORDER MODIFYING CONCURRING OPINION

[NO CHANGE IN JUDGMENT]

MOSK, J., Concurring and Dissenting:

It is ordered that the concurring opinion filed herein on June 16, 2009, be modified as follows.

1. After the words MOSK, J. on line 1, delete “Concurring” and add Concurring and Dissenting.

2. The first line of the opinion should be changed from “I concur” to

I dissent as to defendant’s sentence to the extent it is based on a gang enhancement finding and otherwise concur.