People v. Gomez

Full title: THE PEOPLE, Plaintiff and Respondent, v. RICHARD ANTHONY GOMEZ, Defendant…

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

Date published: Mar 19, 2010

2d Crim. B204980 (Cal. Ct. App. Mar. 19, 2010)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. RICHARD ANTHONY GOMEZ, Defendant and Appellant. 2d Crim. No. B204980 California Court of Appeal, Second District, Sixth DivisionMarch 19, 2010

NOT TO BE PUBLISHED

Super. Ct. No. 2007013093 Ventura County.

ORDER MODIFYING OPINION AND DENYING REHEARING

THE COURT:

It is ordered that the opinion filed on February 18, 2010, be modified as follows:

On page 20, in the last paragraph, the second sentence beginning “The pretrial comment” and the third sentence beginning “As for the comment at sentencing” are deleted and replaced with the following:

Both comments may simply be a reflection of the court’s conclusion that this was not one of those “unusual cases” in which the interests of justice would be served by striking one or more of the gang enhancements. (§ 186.22, subd. (g).)

There is no change in the judgment. Appellant’s petition for rehearing is denied.