People v. Divincenzo CA4/2

Filed 9/12/24 P. v. Divincenzo CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, E082704 Plaintiff and Respondent, (Super.Ct,No. FVI05479) v. The County of San Bernardino

DARRIN MATTHEW DIVINCENZO,

Defendant and Appellant. ORDER MODIFYING OPINION

[NO CHANGE IN JUDGMENT] _______________________________________

THE COURT

The opinion filed in this matter on September 10, 2024 is hereby modified.

On page 8 before the last paragraph which begins with “We therefore conclude”,

insert the following paragraph:

For the first time at oral argument, the People contended that because stayed prior

prison term enhancements like Divincenzo’s are now legally invalid, they no…