Modification: People v. Shelp

THE PEOPLE,

Plaintiff and Respondent,

v.

NICOLAS ALLAN SHELP,

Defendant and Appellant.

2d Crim. No. B298753

(Super. Ct. No. 1498298H)

(Santa Barbara County)

California Courts of Appeal

Second Appellate District

Division Six

Filed December 8, 2020

ORDER MODIFYING OPINION AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on November 20, 2020, be modified as follows:

1. On page 2, the second full paragraph, the first sentence, beginning "Appellant claims that" delete the words, "flash incarceration and," so that the sentence reads:

"Appellant claims that custody credits accrue with each PRCS jail incarceration, and the custody credits automatically shorten the three-year PRCS supervision period."

2. On page 7, the first paragraph, the second sentence, beginning "Based on appellant's view" delete the words "flash incarceration and," so that the sentence reads:

"Based on appellant's view of the PRCS statute (§ 3455, subd. (a)), the PRCS recidivist accumulates custody conducts with each jail sanction, and it collectively shortens the PRCS supervision period."

There is no change in judgment.

Appellant's petition for rehearing is denied.

GILBERT, P.J. YEGAN, J. PERREN, J.