Opinion
No. F071934.
11-26-2018
THE PEOPLE, Plaintiff and Respondent, v. KEVIN LEROY KELLY, Defendant and Appellant.
[Modification of opinion (28 Cal.App.5th 886; ___ Cal.Rptr.3d ___).]
THE COURT. — IT IS ORDERED that the opinion filed herein on November 1, 2018, be modified as follows:
1. On page 6, in the table under the prior offense column for item (6) [28 Cal.App.5th 895, advance report, second item in table], "§ 664, 1320.5" should be replaced with "§ 664, 594."
2. The first paragraph under part II., at the bottom of page 16 and the top of page 17 [28 Cal.App.5th 903, advance report, 1st full par.], is deleted and the following inserted:
The court imposed a 16-month sentence for evading a pursuing peace officer consecutively with an eight-year sentence for transportation of methamphetamine. Kelly argues the trial court erred in imposing a consecutive sentence for his evading a pursuing peace officer conviction rather than staying the sentence under section 654, which bars multiple punishment for the same act or omission. (People v. Corpening (2016) 2 Cal.5th 307, 311 [211 Cal.Rptr.3d 863, 386 P.3d 379] (Corpening).) As Kelly contends, it was error for the trial court to impose a consecutive sentence if section 654 applies. (People v. Jones (2012) 54 Cal.4th 350, 353 [142 Cal.Rptr.3d 561, 278 P.3d 821].)
3. The disposition on page 22 [28 Cal.App.5th 907, advance report, Disposition] is deleted and the following inserted:
DISPOSITION
The judgment is modified to strike seven of the eight 1-year prior prison term enhancements. The matter is remanded for resentencing and the trial court is directed to forward an amended abstract of judgment to the Department of Corrections and Rehabilitation. As modified, the judgment is affirmed.
This modification changes the judgment.