P. v. Leal
Filed 7/22/08 P. v. Leal CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. JAVIER LEAL, Defendant and Appellant. | H030415 (Santa Clara County Super. Ct. No. CC619871) ORDER MODIFYING OPINION AND DENYING REHEARING |
THE COURT:
1. The above captioned opinion which was filed on July 8, 2008, is hereby modified as follows:
a. Pages 19 through 22, delete section C, subsection 1, except for the headings and the first two sentences of the subsection.
b. Page 26, last paragraph of the opinion, delete entire paragraph and substitute the following: The judgment is modified to stay execution of the sentence imposed on counts two and four pursuant to section 654. As modified, the judgment is affirmed. The trial court is directed to prepare an amended abstract of judgment and forward a certified copy to the Department of Corrections and Rehabilitation.
This change affects the judgment.
2. The petition for rehearing is denied.
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ELIA, J.
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RUSHING, P. J.
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