People v. Gainer

Full title: THE PEOPLE, Plaintiff and Respondent, v. MIAR KAPTALI GAINER, Defendant…

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

Date published: Jul 27, 2011

No. B224081 (Cal. Ct. App. Jul. 27, 2011)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. MIAR KAPTALI GAINER, Defendant and Appellant. B224081 California Court of Appeal, Second District, Eighth Division July 27, 2011

NOT TO BE PUBLISHED

Los Angeles County Super. Ct. No. SA071722

ORDER MODIFYING OPINION CHANGE IN JUDGMENT

THE COURT:

It is ordered that the opinion filed herein on June 27, 2011, be modified as follows:

1. On page 5, the very last sentence on the page that runs through page 6, should be deleted and in its stead insert:

Section three fails to list appellant’s prior juvenile adjudication for robbery, found to be true by the court, and the corresponding sentence—five years on count 6, five years on count 7 to run concurrently, and one year on count 9 to run consecutively.

2. On page 6, the second line under the Disposition, delete the words “the section 667.5 prior” and insert “appellant’s prior strike” so that it reads: “... (1) the additional sentence for appellant’s prior strike....”

There is a change in the judgment.

RUBIN, Acting P. J., FLIER, J.