Modification: People v. Baldwin

THE PEOPLE,

Plaintiff and Respondent,

v.

ANTHONY LEE BALDWIN,

Defendant and Appellant.

No. A147588

(Del Norte County

Super. Ct. No. CRF12-9177)

California Courts of Appeal

First Appellate District

Division Five

Filed December 27, 2018

ORDER MODIFYING

PUBLISHED OPINION

[NO CHANGE IN JUDGMENT]

BY THE COURT:¹

On the court's own motion, it is ordered that the opinion filed on December 21, 2018, is modified as follows:

On page 10, the final paragraph in part II is amended to read:

Baldwin is therefore entitled to plenary resentencing, with the now misdemeanor convictions for his 1998, 2000, and 2003 convictions, as well as his 1995 felony conviction, no longer eligible for use as §667.5(b) enhancements, subject only to the requirement that Baldwin may not receive an aggregate sentence greater than that previously imposed. (See People v. Craig (1998) 66 Cal.App.4th 1444, 1448; People v. Burbine, supra, 106 Cal.App.4th at pp. 1258-1259.)

The modification effects no change in the judgment.

Date

P.J.

Superior Court of Del Norte County, No. CRF12-9177, William H. Follett, Judge.

Garrick Byers, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris and Xavier Becerra, Attorneys General, Gerald A. Engler, Chief Assistant Attorney General, Jeffrey M. Laurence, Assistant Attorney General, Catherine A. Rivlin, Bruce M. Slavin and Basil Williams, Deputy Attorneys General, for Plaintiff and Respondent.

^1. Before Jones, P.J., Simons, J., and Bruiniers, Retired Associate Justice of the Court of Appeal, First Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.