Modification: People v. Henderson

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE,

Plaintiff and Respondent,

v.

LEVEL OMEGA HENDERSON,

Defendant and Appellant.

No. S265172

Second Appellate District, Division Seven

B298366

Los Angeles County Superior Court

BA437882

Filed February 1, 2023

ORDER MODIFYING OPINION

THE COURT:

The petition for rehearing is ordered refiled as a request for modification of the opinion. The opinion in this matter, filed on November 17, 2022, and appearing at 14 Cal.5th 34, is modified as follows:

1. On page 56, the seventh sentence of the first full paragraph stating, "The term for robbing the patron would be one-third of the midterm, doubled," is deleted.

2. On page 56, in the first full paragraph, before the final sentence that begins, "As in the prior example," insert the following:

If imposed consecutively, the term for robbing the patron would be one-third of the midterm, doubled. If the court runs the term concurrently, it would impose a full base term, doubled. (See §§ 669, subd. (a); 1170, subd. (a)(3).)

This modification does not affect the judgment.