People v. Thomas CA2/4

Filed 3/28/16 P. v. Thomas CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B263219

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA087606) v.

RELIUS LEWIS THOMAS, ORDER MODIFYING OPINION AND DENYING REHEARING Defendant and Appellant. [CHANGE IN JUDGMENT]

THE COURT:* It is ordered that the opinion filed herein on March 4, 2016, be modified as follows: 1. On page 3, in the second paragraph, the sentence starting with the word “Further” until the end of the paragraph should be deleted so that the paragraph reads “Stalking is not a serious or violent felony, and therefore petitioner is not facially ineligible for resentencing on that count. Thus, we order the case remanded to the trial court to make any further relevant findings regarding whether petitioner is eligible for resentencing on that count, including, if necessary, a determination whether appellant poses an unreasonable risk of danger to public safety under section 1170.126, subdivision (f).”

2. On page 4, the last sentence of the first paragraph should be deleted so that the paragraph reads “The order denying the petition for recall of sentence on the stalking count is reversed. The case is remanded to the trial court to determine whether, given that stalking is not a serious or violent felony, appellant is otherwise eligible for resentencing on that count, including, if necessary, a determination whether appellant poses an unreasonable risk of danger to public safety under section 1170.126, subdivision (f).” This modification changes the judgment. Appellant’s petition for rehearing is denied.

*EPSTEIN, P. J. WILLHITE, J. MANELLA, J.

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