People v. Montes

Full title: THE PEOPLE, Plaintiff and Respondent, v. ANTHONY RALPH MONTES, Defendant…

Court: California Court of Appeals, Fifth District

Date published: Oct 31, 2003

No. F040612 (Cal. Ct. App. Oct. 31, 2003)

Opinion

Page 719d

113 Cal.App.4th 719d __ Cal.Rptr.3d __ THE PEOPLE, Plaintiff and Respondent, v. ANTHONY RALPH MONTES, Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v. RUTIN PABLO HERRERA, Defendant and Appellant. F040612, F040618 California Court of Appeal, Fifth District October 31, 2003

ARDAIZ, P. J.

It is ordered that the opinion filed herein on October 31, 2003, is modified as follows:

(1) On page 9, line 23 [112 Cal.App.4th 1551, advance report, line 22], the word, appellant's, is deleted and replaced with the word, respondent's.

(2) On page 10, line 15 [112 Cal.App.4th 1552, advance report, line 1], the word, appellant's, is deleted and is replaced with the word, respondent's.

(3) On page 11 [112 Cal.App.4th 1552, advance report], the words, "The judgment is reversed," are deleted and replaced with the following:

The judgment of conviction in case No. SC083388A (appellant Montes; F040612) is reversed as to count 3 only (attempted voluntary manslaughter), and the matter is remanded to the superior court for resentencing. The judgment of conviction in case No. SC083300B (appellant Herrera; F040618) is reversed as to count 1 only (attempted voluntary manslaughter), and the matter is remanded to the superior court for resentencing.

Respondent's petition for rehearing is denied.

Buckley, J., and Wiseman, J., concurred.