Opinion
A126458
07-30-2012
THE PEOPLE, Plaintiff and Respondent, v. ROYALE LEBLANC et al., Defendants and Appellants.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(San Francisco County Super. Ct. Nos. 206609-02, 206609-01)
ORDER DENYING PETITION
FOR REHEARING AND
MODIFYING OPINION [NO
CHANGE IN JUDGMENT]
BY THE COURT:
The opinion filed June 28, 2012, is modified as follows:
On page 5, delete footnotes 2 and 3 and replace footnote 2 with the following footnote: "The Attorney General argues that Johnston's abstract of judgment fails to include a 10-year sentence enhancement under section 186.22, subdivision (b)(1)(C) that the jury found true. However, that section does not apply where, as here, the violent felony is punishable by life imprisonment. Rather, section 186.22, subdivision (b)(5) applies and imposes a minimum term of 15 years before a defendant may be considered for parole. (People v. Lopez (2005) 34 Cal.4th 1002, 1004.) Thus, there are no errors in Johnston's abstract of judgment that require correction."
These changes will necessitate renumbering all subsequent footnotes.
On page 39, delete the second sentence in the first paragraph in "III. Disposition."
On page 40, delete the second sentence in the first full paragraph.
The modification does not change the appellate judgment. (Cal. Rules of Court, rule 8.264(c)(2).)
Defendants' petitions for rehearing are denied.
_____________P.J.