P. v. Beltran
Filed 9/11/12 P. v. Beltran CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
COURT OF APPEAL, FOURTH DISTRICT
DIVISION TWO
STATE OF CALIFORNIA
THE PEOPLE,
Plaintiff and Respondent,
v.
DAVID ANTHONY BELTRAN,
Defendant and Appellant.
E053541
(Super.Ct.No. FVA701548)
ORDER MODIFYING OPINION
AND DENYING PETITION FOR
REHEARING
[NO CHANGE IN JUDGMENT]
The petition for rehearing is
denied. The disposition of the opinion filed
in this matter on August 21, 2012,
is hereby modified, as follows:
The true findings under sections
186.22, subdivision (b) and 12022.53, subdivisions (b), (c), (d) and (e)(1) are
reversed, as are the sentences imposed for them. If the People elect not to retry defendant
for these enhancements, or if the trial court determines retrial is barred, the
trial court is directed to impose a one year enhancement pursuant to section
12022, subdivision (a)(1) as to the murder and to note this in an amended
abstract of judgment and court minutes.
In either event, the trial court is further directed to amend the
abstracts of judgment and minutes of the sentencing hearing to reflect an award
of 1,325 days of credit for defendant’s actual presentence custody of 1,325
days. In all other respects, the
judgment is affirmed.
Except for this modification, the
opinion remains unchanged. This
modification does not change the judgment.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P.J.
We concur:
KING
J.
CODRINGTON
J.
