Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
Super.Ct.No. FVI024403
ORDER MODIFYING OPINION
Gaut, J.
The unpublished opinion filed in this matter on September 3, 2008, is modified as follows:
1. On page 2, the last sentence of the first full paragraph is modified to read as follows: “As to sentencing, the parties agree the clerk’s minutes incorrectly state defendant was sentenced to the upper term on the count 1 gang enhancement.”
2. On page 19, the disposition is modified to read as follows:
“The judgment is affirmed. The trial court clerk is directed to correct the April 20, 2007, minute order to reflect that the trial court imposed on the count 1 gang enhancement (§ 186.22, subd. (b)(1)(A)) the midterm of three years, rather than the ‘upper term.’ This is already correctly reflected in the abstract of judgment.”
Except for this modification, the opinion remains unchanged. This modification does not effect a change in the judgment.
I concur: Hollenhorst, Acting P.J.