People v. Shabazz

Full title: THE PEOPLE, Plaintiff and Respondent, v. SAMUEL SHARAD SHABAZZ, Defendant…

Court: California Court of Appeals, Second District, Eighth Division

Date published: Jun 25, 2004

No. B160417 (Cal. Ct. App. Jun. 25, 2004)

Opinion

Page 744d

119 Cal.App.4th 744d __ Cal.Rptr.3d __ THE PEOPLE, Plaintiff and Respondent, v. SAMUEL SHARAD SHABAZZ, Defendant and Appellant. B160417 California Court of Appeal, Second District, Eight Division June 25, 2004

ORDER MODIFYING OPINION NO CHANGE IN JUDGMENT

THE COURT:

It is ordered that the opinion filed herein on May 27, 2004, (118 Cal.App.4th 1458) be modified as follows:

1. On page 2 (118 Cal.App.4th 1463, advance report, 1st par.), under INTRODUCTION, second paragraph, first sentence, the words “from the abstract of judgment” are deleted so that it reads:

We agree with appellant that one firearm enhancement must be stricken and two others must be stayed.

2. On page 18 (118 Cal.App.4th 1476, advance report), under DISPOSITION, the first sentence is deleted and is replaced with the following sentence:

In accordance with the views expressed herein, the judgment is hereby modified to strike the 25-year enhancement which was imposed on Count 1 pursuant to section 12022.53(d), and the abstract of judgment is corrected to show the stay the trial court imposed on the 20-year enhancements which were imposed on Counts 6 and 7 pursuant to section 12022.53, subdivision (c).

There is no change in judgment.