Opinion
NOT TO BE PUBLISHED
Super. Ct. No. VCF148363
ORDER MODIFYING OPINION AND DENYING REHEARING
CORNELL, J.
THE COURT:
It is ordered that the opinion filed herein on December 14, 2007, be modified as follows:
1. On page 6, below the second full paragraph and before the heading entitled “Disposition,” the following paragraph is inserted as roman numeral III:
III. Sentencing Error
An enhancement pursuant to Penal Code section 186.22, subdivision (b)(1)(C) was found true as to the attempted willful, deliberate, and premeditated murder count. On June 4, 2007, the Tulare County Superior Court amended the abstract of judgment in Valdez’s case to reflect the imposition of a term of 25 years to life for the section 186.22, subdivision (b)(1)(C) enhancement. As the People stated in a footnote in their brief, and Valdez concurs, the imposition of a 25-year-to-life term for this enhancement is erroneous because section 186.22, subdivision (b)(1)(C) provides for a 10-year term of imprisonment. The abstract should be amended to reflect the correct sentence.
2. On page 6, the sentence following the Disposition is deleted and the following paragraph is inserted in its place:
The Tulare County Superior Court is directed to prepare an amended abstract of judgment to reflect the imposition of a term of 10 years for the Penal Code section 186.22, subdivision (b)(1)(C) enhancement appended to count 1A. In all other respects, the judgment is affirmed.
The modifications set forth change the judgment.
Respondent’s petition for rehearing is denied.
WE CONCUR: VARTABEDIAN, Acting P.J., LEVY, J.