Opinion
A128627
10-19-2011
THE PEOPLE, Plaintiff and Respondent, v. JAVARIO P. CREAR, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Alameda County Super. Ct. No. 155936)
ORDER MODIFYING OPINION AND
DENYING PETITION FOR
REHEARING
[NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed herein on September 30, 2011, be modified as follows: 1. At page 16, at the end of the sentence reading "The judgment is affirmed" add the following text:
"Defendant and the People correctly agree there is a clerical error in the abstract of judgment at line 6(c), which requires modification to reflect that the sentence imposed on count one was 50 years to life, not the 75 years to life term stated in the abstract. Accordingly, the clerk of the superior court is directed to prepare a corrected abstract of judgment and transmit it to the appropriate parties, including the Department of Corrections and Rehabilitation."The petition for rehearing is denied. There is no change in the judgment.
McGuiness, P.J.