P. v. Pastor

Filed 2/22/07  P. v. Pastor CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FIVE

            The opinion filed February 20, 2007, is hereby modified as follows:

            The last paragraph on page 18 of the opinion, prior to the Disposition, is deleted in its entirety and replaced with the following paragraph:

            Because it appears that no other subdivision of section 667 would require the trial court to sentence defendant to a consecutive term in the robbery case, we hold that the trial court erred in imposing, as a matter of law, a consecutive sentence in that case.  We therefore remand the robbery case to the trial court for resentencing so it can exercise its discretion and determine whether the sentence for the conviction in that case should be served concurrently or consecutively.  (§ 669.)

TURNER, P.J.                                  MOSK, J.                             KRIEGLER, J.

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