P. v. Kellner
Filed 10/11/07 P. v. Kellner CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(Siskiyou)
----
THE PEOPLE, Plaintiff and Respondent, v. RUTH ANNA KELLNER, Defendant and Appellant. | C053879 (Super. Ct. Nos. 052135, 06344, 06705) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on September 14, 2007, be modified as follows:
On page 3, the first full paragraph, beginning with Defendants appeal would fail, is revised so that it now reads:
Defendants appeal would fail in any event. By pleading guilty and acknowledging the trial courts authority to impose seven years of confinement, a sentence that could only be reached through imposition of the consecutive sentences she now challenges, defendant waived any right to challenge the courts implied finding that the offenses for which she was convicted in counts 1 and 6 were committed on separate occasions. (See People v. Hester (2000) 22 Cal.4th 290, 295 [waiver applies to section 654 issue if defendant agreed to sentence as part of plea].) We affirm defendants sentence accordingly.
There is no change in the judgment.
Appellants petition for rehearing is denied.
BY THE COURT:
RAYE , Acting P.J.
MORRISON , J.
BUTZ , J.
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