Opinion
F048726
5-14-2007
THE PEOPLE, Plaintiff and Respondent, v. MIKHIEL JAKOB LEINWEBER, Defendant and Appellant.
NOT TO BE PUBLISHED
THE COURT:
It is ordered that the opinion filed herein on April 24, 2007, be modified as follows:
On page 30, the third sentence of the second paragraph under part III., beginning "The record here shows" is modified to read as follows:
The record here shows the two 5-year enhancements and the additional one-year enhancement under section 667.5, subdivision (b) are all based on the same underlying 2002 assault with a deadly or dangerous weapon conviction (§§ 245, subd. (a)(1), 12022, subd. (b)).
Except for the modification set forth, the opinion previously filed remains unchanged. There is no change in the judgment.
Appellants petition for rehearing is denied.
We Concur:
GOMES, J.
KANE, J.