People v. Thomas

Full title: THE PEOPLE, Plaintiff and Respondent, v. DARRELL SEAN THOMAS et al.…

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

Date published: Jul 27, 2007

No. B183432 (Cal. Ct. App. Jul. 27, 2007)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. DARRELL SEAN THOMAS et al., Defendants and Appellants. B183432 California Court of Appeal, Second District, First Division July 27, 2007

NOT TO BE PUBLISHED

Los Angeles County Super. Ct. No. MA029875

ORDER MODIFYING OPINION AND DENYING REHEARING [CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on June 29, 2007, be modified as follows:

1. On page 19, after the last line, add the following paragraph:

Defendants Thomas and Young contend, and the People agree, that if the gang enhancements are reversed, the firearm use enhancements under Penal Code section 12022.53, subdivision (e)(1), also must be reversed. This subdivision only applies where it is pled and proved that the defendants “violated subdivision (b) of Section 186.22.” Since the prosecution failed to prove the violation, subdivision (e)(1) does not apply and the enhancements thereunder must be reversed.

2. On page 29, line 2 under Disposition, following “subdivision (b)(1),” insert “and Penal Code section 12022.53, subdivision (e)(1),” so that the sentence reads:

The enhancements imposed under Penal Code section 186.22, subdivision (b)(1), and Penal Code section 12022.53, subdivision (e)(1), are reversed.

This modification changes the judgment.

The Petition for Rehearing is denied.

JACKSON, J.^* ROTHSCHILD, J.

* Judge of the Los Angeles Superior Court assigned by the Chief Justice pursuant to Article VI, section 6 of the California Constitution.

I would grant the petition for rehearing.

VOGEL, Acting P. J.