Opinion
NOT TO BE PUBLISHED
Super. Ct. No. INF058178
ORDER MODIFYING OPINION AND DENIAL OF PETITION FOR REHEARING
RAMIREZ P. J.
THE COURT:
Appellant’s request, filed March 18, 2010, to file a late petition for rehearing is GRANTED. The clerk of this court is DIRECTED to file the petition for rehearing received with the request.
The petition for rehearing is DENIED. Instead, the opinion will be modified. The opinion filed February 23, 2010, inadvertently omitted a discussion of a clerical error in the abstract of judgment and directions to correct the abstract of judgment.
The opinion herein, filed on February 23, 2010, is modified as follows:
1. On page 8 of the opinion, following the last paragraph, and before the disposition, the following paragraph should be inserted:
Defendant also seeks a correction of the abstract of judgment. The original abstract of judgment was filed on January 28, 2009. An amended abstract of judgment was filed on December 11, 2009, to correct a separate error in the calculation of credits. The information alleged defendant served two prior prison terms. However, the trial court acknowledged at the sentencing hearing that defendant actually served only a single prior prison term within the meaning of section 667.5, subdivision (b), because defendant served concurrent sentences on the two prior convictions. (People v. Jones (1998) 63 Cal.App.4th 744, 749-750.) The People agree that the second prior prison term enhancement should have been stricken. At sentencing, the trial court stated that it was imposing only a single one-year enhancement under section 667.5, subdivision (b); however, the minute order for the hearing and both the abstract of judgment and amended abstract of judgment indicate the second prior prison term enhancement was stayed. Therefore, the error appears to be a clerical one. We have authority to grant requests on appeal to correct a clerical error in an abstract of judgment. (People v. Hong (1998) 64 Cal.App.4th 1071, 1075.)
On page 9 of the opinion, the disposition is deleted and replaced to read as follows:
The superior court clerk is directed to correct the sentencing minute order for January 23, 2009, to prepare an amended abstract of judgment to reflect that the second prior prison term enhancement under section 667.5, subdivision (b), is stricken rather than stayed and to forward a copy of the amended abstract of judgment to the Department of Corrections and Rehabilitation. In all other respects, the judgment is affirmed.
There is no change in the judgment.
We concur: McKINSTER J., RICHLI J.