P. v. Bueno
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Filed 11/17/06 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE THE PEOPLE, Plaintiff and Respondent, A109650 v. ANTHONY M. BUENO, Defendant and Appellant. (Napa County Super. Ct. No. CR119596) BY THE COURT: The opinion filed October 19, 2006 is modified as follows: On page 9, the last sentence of the Disposition that reads The cause is remanded to the trial court for resentencing or, at the prosecution s election, retrial of the prior battery conviction is deleted. The following sentence is inserted in its place: The cause is remanded to the trial court for resentencing or, at the prosecution s election, redetermination of whether the prior battery conviction constituted a strike within the meaning of the Three Strikes Law. This modification constitutes a change in the judgment. Date_____________________ __________________________P.J.
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