P. v. Mendez
Filed 10/5/06 P. v. Mendez CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION SEVEN
| THE PEOPLE, Plaintiff and Respondent, v. ALEJANDRO MENDEZ, et al., Defendants and Appellants. | B181220 (Los Angeles County Super. Ct. No. BA 260621) ORDER MODIFYING OPINION; CHANGE IN JUDGMENT; PETITION FOR REHEARING DENIED |
THE COURT*:
It is ordered that the opinion filed herein on September 11, 2006, and not certified for publication, be modified as follows:
1. On page 15, add as the last paragraph before the Disposition:
In a petition for rehearing and modification of opinion, Mendez requested this court to order that in addition to the presentence credit, pursuant to section 2900.5, subdivision (d) and California Rules of Court, rule 4.452, the amended abstract should include actual credit for the time he served post-sentence in case BA223935 (i.e., from the July 30, 2003, minute order imposing sentence in BA223935 to the imposition of the reformed sentence on February 9, 2005). Mendez claims he is entitled to an additional 562 days actual credit plus any conduct credit earned on those days. We will remand to the superior court to determine the amount of the post-sentence credit to which Mendez is entitled and to reflect that amount on the amended abstract of judgment.
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*PERLUSS, P.J. JOHNSON, J. WOODS, J.
2. On page 15, the Disposition should read as follows:
Hammond’s conviction on count 3 is reversed. The judgments against Mendez and Williams are modified to stay the sentences on count 8. The judgment against Mendez is further modified to reflect 739 days of presentence credit (643 days actual custody and 96 days good time/work time credit) for the reformed sentence. The superior court is ordered to determine the amount of post-sentence credit to which Mendez is entitled and to prepare and file with the Department of Corrections amended abstracts of judgment reflecting the changes indicated herein, including the presentence and post-sentence credit for Mendez. In all other respects, the judgments are affirmed.
The petition for rehearing is denied. The foregoing does effect a change in the judgment.
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