People v. Lopez CA5

Filed 5/22/14 P. v. Lopez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

THE PEOPLE,

F066954

Plaintiff and Respondent, (Super. Ct. No. 1076152) v.

ORDER MODIFYING OPINION AND

FELIX LOPEZ, DENYING REHEARING [CHANGE IN JUDGMENT] Defendant and Appellant.

BY THE COURT:

It is ordered that the opinion filed herein on April 24, 2014, be modified in the following particulars: 1. On page 3, in the fourth full paragraph commencing “The issue is,” the second sentence commencing “This issue was resolved” is deleted and the following sentence is inserted:

The People rely on the case of People v. Briceno (2004) 34 Cal.4th 451 (Briceno) to argue the 10-year enhancement was imposed properly. 2. On page 5, the paragraph commencing “While the question” is…