Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 29810
ORDER MODIFYING OPINION
HILL, J.
THE COURT:
GOOD CAUSE appearing therefore the opinion filed on February 8, 2008, in the above entitled matter is hereby modified, on the court’s own motion, as follows:
1. On page 9, the quote beginning with “The Court selects” shall be deleted in its entirety and replaced as follows:
“The Court selects the upper term because the factors in aggravation that the Court relies upon that he took advantage of a past relationship. He took advantage of a position of trust. He also -- the fact that he hasn’t learned. He had a prior misdemeanor DV, attended the class and still engages in similar violent behavior with his significant other whether it’s a spouse or girlfriend. [¶] And under those factors -- there are no factors in mitigation the Court finds meaningful and, therefore, the Court selects the upper term and sentences him to four years on Count 2.”
2. On page 10, the citation beginning with “(Black II, supra” and ending with “have done so’].)” shall be deleted in its entirety and replaced as follows:
(Black II, supra, 41 Cal.4th at p. 813.)
Except for the modifications as set forth, the opinion previously filed remains
unchanged. These modifications do not effect a change in the judgment.
WE CONCUR: WISEMAN, Acting P.J. CORNELL, J.