Opinion
No. B235731.
06-05-2013
HERBERT W. STOLTENBERG, as Trustee, etc. et al., Plaintiffs and Respondents, v. AMPTON INVESTMENTS, INC. et al., Defendants and Appellants.
[Modification of opinion (216 Cal.App.4th 468; ___ Cal.Rptr.3d ___), upon denial of rehearing.]
THE COURT. — IT IS ORDERED that the opinion filed in this matter on April 26, 2013, and modified on May 15, 2013, is modified as follows and the petition for rehearing filed on May 30, 2013, is DENIED:
On page 8 [216 Cal.App.4th 474, advance report, fn. 5] remove footnote 5, and modify the first sentence of the last paragraph [216 Cal.App.4th 474, advance report, 2d full par., lines 1-4].
The first two sentences of the last paragraph on page 8 [216 Cal.App.4th 474, advance report, 2d full par., lines 1-5] should read as follows:
Neither defendant's current offenses nor his strike priors disqualify him for resentencing pursuant to section 667(e)(2)(C). Defendant contends, therefore, that upon remand for resentencing, the trial court must sentence him pursuant to section 667(e)(2)(C).
These modifications do not change the judgment.