P. v. Saechao

Filed 2/11/08 P. v. Saechao CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

THE COURT:

GOOD CAUSE appearing therefore the opinion filed on February 8, 2008, in the above entitled matter is hereby modified, on the courts own motion, as follows:

1.                  On page 9, the quote beginning with The Court selects shall be

deleted in its entirety and replaced as follows:

The Court selects the upper term because the factors in aggravation that the Court relies upon that he took advantage of a past relationship. He took advantage of a position of trust. He also -- the fact that he hasnt learned. He had a prior misdemeanor DV, attended the class and still engages in similar violent behavior with his significant other whether its a spouse or girlfriend. [] And under those factors -- there are no factors in mitigation the Court finds meaningful and, therefore, the Court selects the upper term and sentences him to four years on Count 2.

2.                  On page 10, the citation beginning with (Black II, supra and ending with have done so].) shall be deleted in its entirety and replaced as follows:

(Black II, supra, 41 Cal.4th at p. 813.)

Except for the modifications as set forth, the opinion previously filed remains

unchanged. These modifications do not effect a change in the judgment.

__________________________

HILL, J.

WE CONCUR:

____________________________

WISEMAN, Acting P.J.

____________________________

CORNELL, J.

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