P. v. Yin

Filed 4/22/05 P. v. Yin CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or
ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
THE PEOPLE,
Plaintiff and Respondent,
v.
DARA YIN,
Defendant and Appellant.
B171170
(Los Angeles County
Super. Ct. No. NA053759)
ORDER MODIFYING OPINION AND
DENYING PETITION FOR
REHEARING
[No change in the judgment]
THE COURT*:
The opinion issued on April 14, 2005, is hereby modified as follows:
1. On page 14, delete what is currently the first and second full sentences
beginning with “We recently upheld a contention . . . .”
2. On page 16, replace the first full paragraph beginning with “In light of the
foregoing . . .” with the following: “Accordingly, we conclude the 25-year-to-life
enhancement imposed on count 1 under authority of Penal Code section 12022.53 must
be stricken. In light of the foregoing, we need not consider appellant’s alternative
arguments that the enhancement on count 1 is barred by section 654 or merger.”
These modifications effect no change in the judgment.
The petition for rehearing filed by appellant is denied.
_______________________________________________________________________
_
*COOPER, P.J. RUBIN, J. BOLAND, J.

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