P. v. Koontz
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Filed 3/23/11 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, Plaintiff and Respondent, v. TREVOR LEE KOONTZ, 2d Crim. No. B224697 2D Crim. No. B224701 (Super. Ct. No. 2009029278 (Super Ct. No. 2009002554) (Ventura County) ORDER MODIFYING OPINION NO CHANGE IN JUDGMENT Defendant and Appellant. THE COURT: It is ordered that the opinion filed hereon on March 2, 2011, be modified as follows: 1. On page 1,line 6 of the first full paragraph between the words presentence and conduct insert section 4019, so the sentence reads: We hold that section 1385 vests trial courts with the discretion to strike a prior serious felony conviction in order to afford the maximum allowable presentence section 4019 conduct credits. 2. On page 1, line 7 of the first full paragraph, delete the word a and insert in its place insert the word the. 3. On page 2, the last line of the second full paragraph after the word deleted insert section 4019, so the sentence reads: Thereafter on September 28, 2010, the Legislature deleted section 4019 one-for-one credits. 4. On page 2, line 7 of the second full paragraph put quotations marks around the words one-for-one. 4. On page 5, line 2 after the word awarding insert the words section 4019 and put quotations marks around the words one-for-one. The sentence will then read: We remand to the trial court to determine whether, pursuant to section 1385, the prior serious felony conviction should be stricken for the purposes of awarding section 4019 one-for-one presentence conduct credits. 5. On page 5, line 2 of the footnote, between the words largesse of and one-for-one credits insert section 4019 presentence. so that the line will read: . . .because the Legislature largesse of section 4019 presentence one-forone credits . . . 6. On page 5, line 5 of the footnote , after the words trial court insert the following: We also observe that both in the trial court and on appeal, this matter was limited solely to section 4019. We need not, and do not, consider the September 25, 2011 amendments to section 2933, subdivisions (e)(1) and (e(3). No change in judgment.
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