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P v. LUIS

P v. LUIS
04:25:2006

P v. LUIS




Filed 4/19/06





CERTIFIED FOR PUBLICATION






IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA






SECOND APPELLATE DISTRICT






DIVISION SIX













THE PEOPLE,


Plaintiff and Respondent,


v.


LUIS CARRASCO,


Defendant and Appellant.



2d Crim. No. B178115


(Super. Ct. No. PA047352)


(Los Angeles County)



ORDER MODIFYING OPINION


[NO CHANGE IN JUDGMENT]



THE COURT:


It is ordered that the opinion filed herein on March 23, 2006, be modified as follows:


1. On page 10, at the end of the last paragraph, inside the parentheses, add the following citation and footnote after "Bracamonte, at p. 713" as follows:


(Bracamonte, at p. 713; see Cal. Rules of Court, rule 4.447.4)


4California Rules of Court, rule 4.447 provides: "No finding of an enhancement shall be stricken or dismissed because imposition of the term is either prohibited by law or exceeds limitations on the imposition of multiple enhancements. The sentencing judge shall impose sentence for the aggregate term of imprisonment computed without reference to those prohibitions and limitations, and shall thereupon stay execution of so much of the term as is prohibited or exceeds the applicable limit. The stay shall become permanent upon the defendant's service of the portion of the sentence not stayed." (See People v. Lopez (2004) 119 Cal.App.4th 355, 364-366.)


There is no change in judgment.


Publication Courtesy of California attorney referral.


Analysis and review provided by Vista Apartment Manager Lawyers.





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