People v. Stebler

Full title: THE PEOPLE, Plaintiff and Respondent, v. JAKE QUENTIN STEBLER, Defendant…

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

Date published: Mar 25, 2009

No. B206376 (Cal. Ct. App. Mar. 25, 2009)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. JAKE QUENTIN STEBLER, Defendant and Appellant. B206376 California Court of Appeal, Second District, Second Division March 25, 2009

NOT TO BE PUBLISHED

Los Angeles County Super. Ct. No. YA066414.

ORDER MODIFYING OPINION AND DENYING REHEARING

THE COURT:^*

* BOREN, P. J., ASHMANN-GERST, J., CHAVEZ, J.

It is ordered that the opinion filed March 3, 2009, and not certified for publication be modified as follows:

1. On page 23, delete the last sentence of the body of the opinion and replace it with the following sentences:

“Therefore, since the trial court imposed an enhanced term on count 1 of 25 years to life under section 12022.53, subdivision (d), the four-year enhancement under section 12022.7 must be stayed. In People v. Gonzalez (2008) 43 Cal.4th 1118, the Supreme Court interpreted section 12022.53, subdivision (f) to require staying, not striking, the enhancements it prohibits a trial court from imposing. (Id. at pp. 1129-1130.)”

2. On page 23, delete the first sentence of the disposition and replace it with the following sentence:

“The judgment is modified to stay the four-year enhancement imposed in count 1 under section 12022.7, subdivision (e) of the Penal Code.”

This modification constitutes a change in judgment.

Respondent’s petition for rehearing is denied.