People v. Phouamkha CA1/1

Filed 7/13/22 P. v. Phouamkha CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 publi- cation or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or or- dered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent,

A164249

v. SAYKHAM PHOUAMKHA, (Fresno County Super. Ct. No. Defendant and Appellant.

F18905477)

ORDER MODIFYING

OPINION AND

DENYING

REHEARING

[NO CHANGE IN

JUDGMENT]

THE COURT:

Defendant Saykham Phouamkha has filed a petition for rehearing, asserting that because our opinion concluded his North Carolina second degree murder conviction constituted a strike because it included all the elements of assault with a deadly weapon but not of second degree murder under California law, his sentence must be corrected. It is ordered that the opinion filed herein on June 29, 2022, be modified as follows:

1 1. On page 20, second…