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People v. Cuiriz

California Court of Appeals, First District, Third Division

February 2, 2017

THE PEOPLE, Plaintiff and Respondent,
v.
DEYANIRA CUIRIZ, Defendant and Appellant.

          Order Filed Date 3/15/17

          Order Filed Date Filed 3/13/17

         Superior Court of Contra Costa County, No. 51306067 Honorable Trevor White Judge

          Counsel for plaintiff and respondent: Kamala D. Harris and Xavier Becerra, Attorneys General, Gerald A. Engler, Chief Assistant Attorney General, Jeffrey M. Laurence, Senior Assistant Attorney General, Donna M. Provenzano, Supervising Deputy Attorney General, and Arthur P. Beever Deputy Attorney General

          Counsel defendant and appellant: Robert H. Derham and Tiffany J. Gates

         ORDER FURTHER MODIFYING OPINION

         THE COURT:

         It is ordered that the opinion filed herein on February 14, 2017, be modified as follows:

         1. On page 16, in the first sentence of the Disposition, change the words “three” to “four” so that sentence reads:

         “The judgment is modified to vacate the sentence imposed, to strike the 25-year-to-life enhancement from the sentences imposed under counts two and four and stay the sentences imposed under counts two and four, and to vacate the stay with respect to the sentence imposed by the trial court under count one for attempted voluntary manslaughter, imprisonment for a term of 12 years.”

         There is no change in the judgment.

         ORDER MODIFYING OPINION AND DENYING REHEARING

         THE COURT:

         It is ordered that the opinion filed herein on February 14, 2017, be modified as follows:

         1. On page 4, line 4 of footnote 4, delete the word “mitigated” so that the sentence reads:

         On the attempted voluntary manslaughter count she was sentenced to 12 years (three-year base term plus four years for the firearm enhancement and five years for inflicting great bodily injury).

         2. On page 10, line 21, delete the words “all counts” and insert the words “two of the counts and the midterm on the voluntary manslaughter count” so that the sentence reads:

         The court imposed mitigated base terms on two of the counts and the midterm on the voluntary manslaughter count.

         3. On page 12, line 15, the word “involuntary” is changed to “voluntary.”

         4. On page 16, after footnote 12 on line 18, add the following sentence:

         “Upon striking the 25-year-to-life enhancement from both counts under which it was imposed, which we do, this sentence provides for the longest potential term of imprisonment in compliance with section 654.”

         5. On page 16, in the first line of the Disposition, after the word “imposed, ” insert the words “to strike the 25-year-to-life enhancement from the sentences imposed under counts two and three and stay the sentences imposed under counts two and three” so that sentence reads:

         “The judgment is modified to vacate the sentence imposed, to strike the 25-year-to-life enhancement from the sentences imposed under counts two and three and stay the sentences imposed under counts two and three, and to vacate the stay with respect to the sentence imposed by the trial court under count one for attempted voluntary manslaughter, imprisonment for a term of 12 years.”

         There is no change ...


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