People v. Boudolf CA3

Filed 9/16/24 P. v. Boudolf CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C099773

Plaintiff and Respondent, (Super. Ct. No. MAN-CR-FE- 2012-0002123) v. MODIFICATION OF LOUIS HENRY BOUDOLF, OPINION AND DENIAL OF PETITION FOR Defendant and Appellant. REHEARING

[NO CHANGE IN JUDGMENT] THE COURT: Appellant filed a petition for rehearing with this court. It is hereby ordered that the petition for rehearing is denied. It is also ordered that the opinion filed herein on August 23, 2024, be modified as follows: 1. On page 2, the first sentence of the paragraph that begins with “In 2012, a jury found defendant guilty of three counts of assault” is deleted and the following sentence is inserted in its place:

1

In 2012, a jury found defendant guilty of three counts of assault with force likely to produce great bodily injury, dissuading a witness by force or threat of force, two counts of first degree robbery, first degree burglary, and transportation or sale of a controlled substance. 2. On page 2, the second sentence that begins with “The trial court imposed an aggregate sentence of” is modified to read: The trial court imposed an aggregate sentence of 34 years four months in state prison, comprising: The upper term of four years for the principal assault count, doubled to eight years due to a prior serious felony conviction, plus a three-year great bodily injury enhancement; a consecutive middle term of three years for dissuading a witness, doubled to six years; two consecutive terms of one year four months for each robbery, both of which were doubled to two years eight months; two consecutive terms of one year, doubled to two years, for each of the remaining assaults; a concurrent term of three years, doubled to six years, for the controlled substance offense; a concurrent term of four years, doubled to eight years, for the burglary; a five-year enhancement for the prior serious felony conviction; and two one-year enhancements for prior prison terms. 3. On page 4, the second paragraph that begins with “Accordingly, the trial court declined to dismiss defendant’s prior serious felony conviction” is modified to now read: Accordingly, the trial court declined to dismiss defendant’s prior serious felony conviction, resentenced defendant to the upper term for the principal assault with force likely to produce great bodily injury count, and declined to strike the five-year enhancement for the prior serious felony conviction.