P. v. Ynclan
On December 4, 2003, the Kings County District Attorney filed an information in superior court charging appellant Gino Ynclan as follows: counts I and IIattempted manufacture of a sharp instrument while in prison (Pen. Code, 4502, subd. (b)) with one prior felony strike ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and four prior prison terms ( 667.5, subd. (b)).
The judgment of conviction and the admitted special allegations are affirmed. The matter is remanded to the trial court for the limited purposes of (a) resentencing on the substantive count pursuant to the principles of Cunningham,as discussed in part III above and (b) either striking or imposing sentence on the two prior prison term enhancements discussed in part IV above. For such limited purposes the judgment of sentence is vacated. The trial court resentence appellant and thereupon issue an amended abstract of judgment and transmit certified copies thereof to all appropriate parties and entities. In all other respects the judgment is affirmed.
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