People v. Saenz CA3

California Court of Appeal Oct 24, 2013 No. C073025MUnpublished

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Holding. The court affirmed the judgment as modified, reinstating a $500 fine and directing the trial court to correct the abstract of judgment to accurately reflect the middle-term sentences imposed.

Issues

Whether the trial court erred in its designation of the terms of imprisonment.
Whether the trial court erred in its modification of fines and assessments in the amended abstract of judgment.

Disposition. Affirmed as modified

Quotations verified verbatim against the opinion

“The judgment is modified to reinstate the $500 section 290.3 fine on count two. As modified, the judgment is affirmed.”

“We direct the court to correct the amended abstract of judgment to designate the sentences of eight years each on counts one and two as middle terms rather than upper terms.”

Filed 10/24/13 P. v. Saenz CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C073025

Plaintiff and Respondent, (Super. Ct. No. CM036120)

v. ORDER MODIFYING OPINION; DENYING VINCENT ILARIO SAENZ, JR., PETITION FOR REHEARING; NO CHANGE Defendant and Appellant. IN JUDGMENT

THE COURT:

It is ordered that the opinion filed in this case on September 26, 2013, be modified as follows: On page 3, lines 8-9, delete all words after judgment and add a period after judgment such that the entire sentence reads: However, as we explain, our review reveals the need to modify the judgment. On page 3, beginning line 10, delete the fourth full paragraph, lines 10-16, in its entirety, including footnote 2. On page 3, beginning line 17, delete the first word of the fifth full paragraph and capitalize the next word such that the paragraph begins: As we explained ante,

On page 4, beginning line 11, delete the words correcting the designation of terms and, such that lines 11 to the end of the opinion read: abstract of judgment reflecting this modification and to forward a certified copy of the new abstract to the Department of Corrections and Rehabilitation. The petition for rehearing is denied. This modification does not change the judgment. FOR THE COURT:

BLEASE, Acting P.J.

DUARTE, J.

HOCH, J.

Filed 9/26/13 (unmodified version) 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.

People v. Saenz CA3

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THE PEOPLE, C073025

DUARTE, J.

HOCH, J.

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THE PEOPLE, C073025

VINCENT ILARIO SAENZ, JR.,

DUARTE , J.

HOCH , J.

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