Amaya

Filed 9/9/15 Unmodified opinion attached

CERTIFIED FOR PARTIAL PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E060218

v. (Super.Ct.No. FSB059205)

ALBERT AMAYA, ORDER MODIFYING OPINION

Defendant and Appellant. [CHANGE IN JUDGMENT]

IT IS ORDERED that the opinion filed in this matter on August 11, 2015 is

modified as follows:

1. On page 1, at the end of the first paragraph, replace “Affirmed” with:

Affirmed with directions.

2. On page 2, replace the last paragraph with:

Defendant — understandably — appeals, claiming that

the trial court had no authority to vacate the reduced

sentence. The People respond that the trial court had such

1 authority because the reduced sentence was both unauthorized

and void. We cannot say that the reduced sentence was

unauthorized, because all of the evidence that was before the

trial court at the time indicated that defendant was entitled to

resentencing. However, the reduced sentence…