[REVIEW GRANTED] People v. Gonzalez (2002)

THE PEOPLE, Plaintiff and Respondent, v. ALEJANDRO P. GONZALEZ et al., Defendants and Appellants.

[Modification of opinion (97 Cal.App.4th 1087) on denial of petition for rehearing.]

ARONSON, J.-

THE COURT:

It is ordered that the opinion filed herein on April 19, 2002, be modified as follows:

1. On page 6, third sentence of the second full paragraph [97 Cal. App. 4th 1092, advance report, 1st par., line 7], delete the quotation marks for "tentative ruling."

2. On page 6, beginning with the sixth sentence of the second full paragraph [97 Cal. App. 4th 1092, advance report, 1st par., line 11], the word "Requiring" is changed to "Adopting" so the sentence reads:

Adopting the procedure in criminal sentencing hearings should cause no great burden.

3. In the second full paragraph beginning on page 6 [97 Cal. App. 4th 1092, advance report, 2d par.] and concluding on page 7, after the last sentence ending "pronouncement of judgment," add the following sentences:

Consequently, tentative decisions are not mandatory. But it is the better practice. Arguments over whether the defendant waived sentencing issues are easily avoided when the trial court provides a tentative indication of the sentence and supporting reasons.

4. On page 8 [97 Cal. App. 4th 1093, advance report, 1st par.], delete the last sentence of the opinion that starts with "The convictions are affirmed" and the following sentence is inserted in its place:

The judgment is reversed and remanded for resentencing.

These modifications do not effect a change in the judgment. The petition for rehearing is DENIED.

Sills, P. J., and Moore, J., concurred.