P. v. Garcia
Filed 8/25/06 P. v. Garcia CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. MANUEL ANDRADE GARCIA, Defendant and Appellant. |
F048247
(Tulare Super. Ct. No. 134509)
MODIFICATION OF OPINION [No change in Judgment] |
BY THE COURT:
The typewritten opinion filed in the above-entitled action on July 31, 2006, is modified as follows:
The last sentence of footnote 2 is deleted and the following inserted in its place:
We will, therefore, order the trial court on remand to strike
the enhancement, or to strike the sentence on the enhancement.
(People v. Meloney (2003) 30 Cal.4th 1145, 1155.)
The first sentence of the disposition is deleted and the following is inserted in its place:
The case is remanded to the trial court to strike the great bodily injury enhancement, or to strike the sentence on the enhancement.
The modification does not affect the judgment.
____________________________
Cornell, Acting P.J.
I CONCUR:
______________________
Hill, J.
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