Opinion
NOT TO BE PUBLISHED
Received for Posting 2/15/12.
Super. Ct. No. RIF143965.
ORDER MODIFYING OPINION AND DENYING
MILLER, J.
The petition for rehearing is denied. The opinion filed in this matter on January 4, 2012, is modified as follows:
1. On pages 22 through 23, the sentence “Defendant noted that his “prior two strikes were based on a single course of conduct.”, i.e., there was only one incident but two victims, ” is modified to read: “Defendant noted that his prior two strikes were based on a single course of conduct.”
2. On page 28, in footnote No. 6, the sentence “Defense counsel declined to so because, in fact, defendant’s prior convictions were not divisible behavior, ” is modified to read: “Defense counsel declined to so because, in fact, defendant’s prior conviction offenses were definitively divisible behavior.
3. On pages 28 through 29, the paragraph that begins “Second, it is clear from the record...” is modified by removing the following sentences: “Defendant initially stated in his moving papers the prior offenses involved two separate victims in which case defendant’s prior strike conduct would have come within the multiple victim exception to section 654’s dictates. (People v. Deloza (1998) 18 Cal.4th 585, 592.) Only at the hearing on his motion did defendant state that the offenses were committed against a single victim, which he admitted occurred at different times, albeit, during the same day.”
Except for these modifications, the opinion remains unchanged. The modification does not affect a change in the judgment.
We concur: McKINSTER, Acting P. J., CODRINGTON, J.