Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 05F06490
ORDER MODIFYING OPINION AND DENYING REHEARING [CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed herein on November 29, 2007, be modified as follows:
1. On page 38, footnote 10 is deleted.
2. On page 38, after the first full sentence of the page and corresponding citation, beginning “It follows, then,” insert the following sentence:
It must also reflect defendant Sullivan’s credit of 178 actual days and 88 conduct days for a total of 266 days of credit for his misdemeanor battery sentence.
3. On page 40, the first full paragraph, beginning “The judgment as to defendant Sullivan is modified to” is deleted and the following paragraph is inserted in its place:
The judgment as to defendant Sullivan is modified to reflect a stay on the misdemeanor battery conviction (count 4), a deletion of the restitution fine of $100 for misdemeanor battery, and an entitlement of 178 days of actual credit plus 88 days of conduct credit for a total of 266 days of presentence credit. As modified the judgment is affirmed. The trial court is directed to prepare an amended abstract of judgment to reflect these changes to defendant Sullivan’s sentence and to forward a copy of the amended abstract of judgment to the California Department of Corrections and Rehabilitation.
This modification changes the judgment.
Defendant Sullivan’s petition for rehearing is denied.
FOR THE COURT: DAVIS , Acting P.J., ROBIE , J., BUTZ , J.