People v. Cain (2000)

THE PEOPLE, Plaintiff and Respondent, v. RANDY LEE CAIN, Defendant and Appellant.

[Modification fn. * of Opinion (82 Cal.App.4th 81).]

McKINSTER, Acting P. J.-

It is ordered that the opinion filed herein on July 11, 2000, be modified as follows:

1. On page 5 [82 Cal. App. 4th 86, advance report], footnote 2 is amended to read as follows:

Like section 273.5, subdivision (h)(2), section 1203.1, subdivision (a)(3), permits the sentencing court to order the defendant to make restitution to the victim of his or her crime as a condition of probation. (§ 273.5 , subd. (h)(2).)

2. On page 5 [82 Cal. App. 4th 86, advance report], at the end of the second full paragraph, following the citations to People v. Resendez and People v. Baumann, insert the bracketed material so that the sentence reads as follows:

(People v. Resendez (1993) 12 Cal. App. 4th 98, 113; [former Government. Code § 13967] see also People v. Baumann (1985) 176 Cal. App. 3d 67, 79-80) [§ 1203.1 and former § 1203.4].)

There is no change in judgment.

Hollenhorst, J., and Richli, J., concurred.

FN †. This modification requires deleting headnote (2), page 82 of the advance report. Headnotes (3) - (6) will be renumbered (2), (3a - 3c), (4) and (5) in the bound volume report. Movement of text will be made affecting pages 83 - 87.