P. v. Gray
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Filed 5/19/11 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) ---THE PEOPLE, C062668 Plaintiff and Respondent, (Super. Ct. No. 08F8637) v. ORDER MODIFYING OPINION AND DENYING REHEARING MARK WAYNE GRAY, [NO CHANGE IN JUDGMENT] Defendant and Appellant. THE COURT: It is ordered that the opinion certified for partial publication, filed herein on April 28, 2011, be modified as follows: 1. On page 37, in the first paragraph of the Disposition, which reads: * Pursuant to California Rules of Court, rules 8.1110 and 8.1105(b), this opinion is published with the exception of parts I., III., IV. and VI. of the Discussion. 1 The misdemeanor convictions for sexual battery (counts 10 & 24) are stricken. The sentence is modified by staying the punishment for counts 19 (peeking) and count 22 (violating a restraining order), such stays to become permanent upon completion of the jail terms for counts 15 and 22, respectively. strike the phrase, counts 15 and 22, respectively. and replace it with, counts 15 and 20, respectively. so that the paragraph now reads: The misdemeanor convictions for sexual battery (counts 10 & 24) are stricken. The sentence is modified by staying the punishment for counts 19 (peeking) and count 22 (violating a restraining order), such stays to become permanent upon completion of the jail terms for counts 15 and 20, respectively. This modification does not effect a change in the appellate judgment; it only corrects the second count 22 (which should be 20 ) in the Disposition. With the above modification, the petition for rehearing is denied. BY THE COURT: ROBIE , Acting P. J. BUTZ , J. MAURO , J. 2
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