P. v. Mungia

Filed 4/14/06 P. v. Mungia CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE COURT:*

It is ordered that the opinion filed on March 21, 2006, be modified as follows:

The first paragraph of the opinion is deleted and corrected to read as follows:

"APPEAL from a judgment of the Superior Court of Los Angeles County, Michael E. Pastor, Judge. Affirmed in part and modified in part."

The second paragraph on page 2 of the opinion which begins "The trial court sentenced Mungia . . . " is deleted in its entirety and the following paragraph is inserted in its place:

"The trial court sentenced Mungia to the upper term of five years in prison for the robbery, plus a ten-year enhancement term for the firearm use and a ten-year enhancement term for the gang allegation. A three-year term for the section 12021 conviction was imposed concurrently. The trial court sentenced Camarena to the upper term of five years for the robbery conviction plus a ten-year enhancement term for the firearm allegation."

The last sentence in the third paragraph of text which reads "We affirm the judgment of conviction" is deleted.

The following section is added as a new section at the end of the Discussion:

"7. Joinder

Camarena joins in Mungia's contentions set forth in sections 1, 3 and 4 above concerning the sufficiency of the evidence, to support the gang allegation, admission of evidence of witness intimidation, and ineffective assistance of counsel."

The Disposition is deleted in its entirety and corrected to read as follows:

"The abstract of judgment for appellant Camarena is ordered amended to show the trial court's oral imposition of sentence, as reflected in the reporter's transcript at pages 3012 and 3013. The five-year enhancement term pursuant to section 186.22 is stricken from the abstract of judgment. The term of the section 12022.53(B)(E)(1) enhancement is corrected to 10 years. The clerk of the superior court is directed to prepare an amended abstract of judgment reflecting these corrections and to deliver a copy to the Department of Corrections. The judgment is affirmed in all other respects."

The petition for rehearing is denied.

ARMSTRONG, J. TURNER, P. J. MOSK, J

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