Modification: In re Howerton

In re

KEVIN HOWERTON,

On Habeas Corpus.

No. F076546

(Kern Super. Ct. No. HC015497A)

California Courts of Appeal

Fifth Appellate District

Filed February 28, 2020

Order Modifying Opinion and Denying Rehearing

[No Change in Judgment]

THE COURT:

It is ordered that the published opinion filed herein on January 30, 2020, and reported in the Official Reports (44 Cal.App.5th 875) be modified as follows:

1. On page 2 of the slip opinion, the last sentence of the third full paragraph, the words "and continues to serve" are deleted so the sentence reads:

Consistent with the law at that time, Howerton then began serving his 10- year consecutive sentence for the weapons convictions.

2. On page 3 of the slip opinion, the last two sentences of the first paragraph, beginning "Howerton, however, has not been released...." are deleted and the following sentences inserted in their place:

Howerton, however, was not released. Rather, he remained incarcerated pursuant to the weapons convictions.

There is no change in the judgment.

Respondent's petition for rehearing is denied.

HILL, P.J.

WE CONCUR:

LEVY, J.

SMITH, J.