Opinion
NOT TO BE PUBLISHED
Santa Clara County Super.Ct.No. CC632875
ORDER MODIFYING OPINION AND DENYING THE REHEARING
Duffy, J.
THE COURT:
It is hereby ordered that the opinion filed February 23, 2010, be modified as follows:
1) In the second paragraph on page one, the clause stating:
“we will reverse the judgment in part and remand for resentencing, while affirming the judgment in all other respects.”
is to be replaced with this clause:
“we will modify the judgment to correct the sentencing error and as so modified will affirm it.”
Please keep the footnote at the end of the paragraph.
2) On page 15 in the first full paragraph, delete the last sentence beginning with “We will, accordingly,...”
3) On page 17 under the section entitled “DISPOSITION” replace the paragraph with the following:
“The judgment is hereby modified to stay under Penal Code section 654 the term imposed for the robbery count. As modified, the judgment is affirmed. The trial court shall prepare an amended abstract of judgment reflecting this modification and forward a certified copy of the amended abstract to the Department of Corrections and Rehabilitation.”
This modification changes the judgment.
The petition for rehearing is denied.
Rushing, P. J., Elia, J.