[REVIEW GRANTED] People v. Phillips (2001)

[Modification of Opinion (89 Cal. App. 4th 61; 107 Cal.Rptr.2d 84) on denial of petition for rehearing.]

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL CLAYTON PHILLIPS, Defendant and Appellant.

THE COURT. fn. * -

It is ordered that the opinion filed herein on May 16, 2001, be modified in the following particulars:

1. On page 2, the third full paragraph [89 Cal. App. 4th 67, advance report, 1st full par.], beginning "We will strike the quantity" is deleted and the following paragraph is inserted in its place:

We will reverse the judgment, order the quantity enhancement imposed under Health and Safety Code section 11370.4, subdivision (a)(1) stricken, and remand for resentencing."

There is no change in the judgment.

Appellant's petition for rehearing is denied.

FN †. Before Bamattre-Manoukian, J., and Cottle, P.J., and Wunderlich, J.