Modification: People v. Johnson

THE PEOPLE,

Plaintiff and Appellant,

v.

DARRYL JOHNSON,

Defendant and Respondent.

No. A158081

(Alameda County Super. Ct.

No. 19-CR-008101)

California Courts of Appeal

First Appellate District

Division Three

Filed December 31, 2020

ORDER MODIFYING OPINION

NO CHANGE IN JUDGMENT

PETITION FOR REHEARING

DENIED

Trial Judge: Hon. Scott Patton

Counsel: Office of Attorney General, Xavier Becerra, Attorney General, Phillip J. Lindsay, Senior Assistant Attorney General, Sara J. Romano, Supervising Deputy Attorney General, Michael G. Lagrama, Deputy Attorney General, for Plaintiff and Appellant.

First District Appellate Project, Jonathan Soglin, Jeremy Price, and Nathaniel Miller, for Defendant and Respondent.

THE COURT:

It is ordered that the opinion filed herein on December 9, 2020, is modified in the following respect:

At pages 1-2, delete the following text:

"On August 20, 2007, while on parole, he was convicted of grand theft and possession of controlled substances for sale. For these two new convictions, the trial court deemed defendant's sentences served but placed him on a new, overlapping three-year parole term to begin on August 20, 2007."

The deleted text is to be replaced with the following text:

"Thereafter, the trial court sentenced defendant on two other convictions he previously sustained---a 2003 grand theft conviction and a 2004 conviction for possession of controlled substances for sale. For these convictions, the court deemed defendant's sentences served but placed him on a new, overlapping three-year parole term to begin on August 20, 2007."

This modification does not change the judgment.

Defendant's petition for rehearing, filed December 22, 2020, is denied.

Date: 12/31/2020 __FUJISAKI, J. Acting P.J.