People v. McGraw CA2/6

Filed 3/4/24 P. v. McGraw CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, 2d Crim. No. B330584 (Super. Ct. No. MA049580) Plaintiff and Respondent, (Los Angeles County)

v. ORDER DENYING PETITION FOR CALVIN McGRAW, REHEARING AND MODIFYING OPINION Defendant and Appellant. (No Change in Judgment)

THE COURT: It is ordered that the opinion filed herein on February 21, 2024, be modified as follows: On page 5, under DISPOSITION, the second sentence beginning “The case is remanded . . .” is deleted and the following is inserted in its place: The matter is remanded for resentencing with directions to either impose or strike the enhancement pursuant to section 1385, subdivision (c). In doing so, the trial court may exercise its

discretion to modify other aspects of appellant’s sentence. (People v. Buycks (2018) 5 Cal.5th 857, 893.) There is no change in judgment. Appellant’s Petition for Rehearing is denied.

GILBERT, P.J. YEGAN, J. CODY, J.

2

Filed 2/21/24 P. v. McGraw CA2/6 (unmodified opinion)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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