People v. Rackley CA3

Filed 9/2/25 P. v. Rackley CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C102944

Plaintiff and Respondent, (Super. Ct. No. 12F01582)

v. ORDER MODIFYING OPINION AND DENYING FRANK WILLIAM RACKLEY, SR., REHEARING

Defendant and Appellant. [NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed in this case on August 28, 2025, be modified as follows: 1. On page 5, in the first paragraph, the second to last sentence beginning with “The court” and ending with “originally imposed” is modified to read as follows:

The court “reimpose[d] all fines and fees” that were originally imposed and, at defendant’s request, stayed all fines and fees.

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2. On page 7, the last sentence of the Disposition, beginning with “The trial court” and ending with “Corrections and Rehabilitation” is modified to read:

The trial court is directed to prepare an amended abstract of judgment in accordance with this opinion, including listing the correct amount for the serious habitual offender program fine and noting that all fines and fees are stayed, and to forward a certified copy to the Department of Corrections and Rehabilitation.

There is no change in the judgment. Defendant’s petition for rehearing is denied.

BY THE COURT:

/s/ ROBIE, J.

/s/ EARL, P. J.

/s/ WISEMAN, J.*

* Retired Associate Justice of the Court of Appeal, Fifth Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

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