P. v. Logan
Filed 1/8/09 P. v. Logan 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. JENNIFER LOGAN, Defendant and Appellant. | H032531 (Santa Clara County Super. Ct. No. CC765789) ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on December 31, 2008, be modified in the following particulars:
1. On page 2 of the first full paragraph, the fourth sentence beginning with Therefore, we will order the abstract of judgment modified and ending with Attorney Generals concession is deleted and the following sentence is inserted in its place so that the sentence reads:
Therefore, we will strike the order to pay attorney fees of $300 and the drug program fee of $150 and reduce the penalty assessments on the AIDS education fee and the criminal laboratory analysis fee in accordance with the Attorney Generals concession.
2. On page 17, line 5, the last sentence of the paragraph beginning with Instead, we will order the abstract of judgment amended and ending with reasons discussed below is deleted and the following sentence is inserted in its place so that the sentence reads:
Instead, we will reduce the penalty assessments in the amounts calculated by the Attorney General, with the exception of the penalty assessment on the drug program fee, which we will strike for the reasons discussed below.
3. On page 18, the Disposition is deleted and the following Disposition is inserted in its place:
IV. Disposition
The judgment is ordered modified by (1) striking the order to pay $300 in attorney fees under Penal Code section 987.8; (2) striking the $150 drug program fee under Health and Safety Code section 11372.7; (3) striking the penalty assessment of $367 for the drug program fee; and (4) reducing the penalty assessments for the AIDS education fee and the criminal laboratory analysis fee by $24.50 and $34.50, respectively. As so modified, the judgment is affirmed.
There is no change in the judgment.
This modification does not affect the judgment.
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BAMATTRE-MANOUKIAN, ACTING P. J.
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MCADAMS, J.
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DUFFY, J.
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