People v. Wilson CA2/7

Filed 10/29/15 P. v. Wilson CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B260281

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA025425) v. ORDER MODIFYING OPINION; KENNETH ROY WILSON, NO CHANGE IN JUDGMENT; PETITION FOR REHEARING Defendant and Appellant. DENIED

THE COURT:

The opinion filed October 13, 2015, and not certified for publication, is modified as follows: 1. On page 4, the Disposition reads as follows:

DISPOSITION

The order is reversed, and the matter remanded with directions to grant the petition for recall of sentence and to proceed in accordance with the procedures specified in section 1170.126 regarding the sentence for inflicting corporal injury on a cohabitant.

It should read:

DISPOSITION

The order is reversed and the matter remanded with directions to the superior court to grant the petition for recall of sentence and to determine, in compliance with the provisions of section 1170.126, whether Wilson is eligible under section 1170.126, subdivision (e), for resentencing on his conviction for inflicting corporal injury on a cohabitant, and, if so, to resentence Wilson on that conviction, “unless the court, in its discretion determines that resentencing [Wilson] would pose an unreasonable risk of danger to public safety,” under section 1170.126, subdivision (f).