Opinion
H029623
4-25-2007
THE PEOPLE, Plaintiff and Respondent, v. JULIAN LOWE, Defendant and Appellant.
NOT TO BE PUBLISHED
ORDER MODIFYING OPINION AND DENYING REHEARING JUDGMENT CHANGED
It is hereby ordered that the opinion herein, filed on March 29, 2007, be modified as follows:
On page 1, second paragraph, modify the fifth sentence beginning "Accordingly, we modify the judgment . . . "as follows: "Accordingly, we modify the judgment to stay the sentences imposed on account of one of the two robberies defendant committed."
On page 10, first full paragraph modify the second sentence beginning "The People agree . . ." as follows: "The People agree with defendant that one of the two robbery sentences, and its attendant enhancement, should be stayed, but argue that the other should not."
On page 13, line four, delete footnote 3, and add the following sentence and citation: "Furthermore, when "the base term of a sentence is stayed under section 654, the attendant enhancements must also be stayed." (People v. Bracamonte (2003) 106 Cal.App.4th 704, 709.)"
On page 14, under the heading "DISPOSITION" replace the first sentence beginning "The judgment is modified as follows . . . " with the following: "The judgment is modified as follows: the sentences on count 3 for robbery, and for the weapon enhancement on that count, are stayed pursuant to Penal Code section 654."
The modification effects a change in the judgment.
The petition for rehearing is denied.
Duffy, J.
Bamattre-Manoukian, Acting P. J.
Mihara, J.