P. v. Lowe

Filed 4/25/07 P. v. Lowe 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

It is hereby ordered that the opinion herein, filed on March 29, 2007, be modified as follows:

On page 1, second paragraph, modify the fifth sentence beginning Accordingly, we modify the judgment . . . as follows: Accordingly, we modify the judgment to stay the sentences imposed on account of one of the two robberies defendant committed.

On page 10, first full paragraph modify the second sentence beginning The People agree . . . as follows: The People agree with defendant that one of the two robbery sentences, and its attendant enhancement, should be stayed, but argue that the other should not.

On page 13, line four, delete footnote 3, and add the following sentence and citation: Furthermore, when the base term of a sentence is stayed under section 654, the attendant enhancements must also be stayed. (People v. Bracamonte (2003) 106 Cal.App.4th 704, 709.)

On page 14, under the heading DISPOSITION replace the first sentence beginning The judgment is modified as follows . . . with the following: The judgment is modified as follows: the sentences on count 3 for robbery, and for the weapon enhancement on that count, are stayed pursuant to Penal Code section 654.

The modification effects a change in the judgment.

The petition for rehearing is denied.

Dated:                                 

Duffy, J.

Bamattre-Manoukian, Acting P. J.

Mihara, J.

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