P. v. Nuno
Filed 10/13/10 P. v. Nuno CA2/4
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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
SECOND
APPELLATE DISTRICT
DIVISION
FOUR
THE PEOPLE,
Plaintiff and Respondent,
v.
LUIS NUNO et al.,
Defendants and Appellants.
B217682
(Los Angeles
County
Super. Ct.
No. BA337967)
ORDER MODIFYING OPINION
AND DENYING REHEARING
[CHANGE IN JUDGMENT]
THE COURT:*
1. On page 2, delete the last two sentences of
the first full paragraph and insert the following:
Appellants
ask that we correct their sentences and direct the court to correct each
abstract of judgment accordingly. We do
so, and affirm the judgments as modified.
2. On page 13, after the last full paragraph,
add the following paragraphs:
The trial
court imposed and stayed 10-year terms for the section 186.22 gang allegations
on count 1. Appellants claim, and
respondent agrees, that the 10-year terms are unauthorized and must be stricken
and the judgment modified to impose a minimum parole eligibility period of 15
years. The judgment shall be modified accordingly.
As to Avila,
the abstract of judgment reflects a $40 court security fee. The correct amount is $20, and the abstract
must be corrected.
Finally,
the abstract of judgment must be corrected to reflect 479 days of presentence
credit for Nuno and 472 days of presentence credit for Avila.
3. On page 14, the Disposition sentence is
deleted and the following is inserted in its place:
The
sentences are modified, the trial court is directed to amend the abstracts of
judgment accordingly, and the judgments are affirmed as amended.
This
modification changes the judgment.
____________________________________________________________________
*EPSTEIN, P.J. WILLHITE,
J.
SUZUKAWA, J.
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