P. v. Yin 4/22/05 CA2/8

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B171170M

Case Date: 07/20/2005

Preview:Filed 4/22/05 P. v. Yin CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

THE PEOPLE, Plaintiff and Respondent, v. DARA YIN, Defendant and Appellant.

B171170 (Los Angeles County Super. Ct. No. NA053759) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING [No change in the judgment]

THE COURT*: The opinion issued on April 14, 2005, is hereby modified as follows: 1. On page 14, delete what is currently the first and second full sentences beginning with "We recently upheld a contention . . . ." 2. On page 16, replace the first full paragraph beginning with "In light of the foregoing . . ." with the following: "Accordingly, we conclude the 25-year-to-life enhancement imposed on count 1 under authority of Penal Code section 12022.53 must be stricken. In light of the foregoing, we need not consider appellant's alternative arguments that the enhancement on count 1 is barred by section 654 or merger." These modifications effect no change in the judgment. The petition for rehearing filed by appellant is denied. _______________________________________________________________________ _ *COOPER, P.J. RUBIN, J. BOLAND, J.

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