Filed 2/19/98
CERTIFIED FOR PUBLICATION
[NO CHANGE IN JUDGMENT]
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SIX
|
THE PEOPLE, Plaintiff and Respondent, v. WILLIAM R. DOUGLAS, Defendant and Appellant. |
2d Crim. No. B110243 (Super. Ct. No. SM 100998) (Santa Barbara County)
ORDER MODIFYING OPINION AND DENYING REHEARING |
THE COURT:
It is ordered that the opinion filed herein on January 21, 1998, be modified in the following particular:
On page 4, in the first full paragraph, the sentence appearing on lines 6 through 8 beginning with the words "The orders granting probation" is deleted. The following sentences are inserted in its place:
The transcript of the plea hearing, however, reveals that the court's decision to deem the welfare fraud offense a misdemeanor was part of an indicated sentence clearly underlying the plea and grant of probation. The existence of the indicated sentence was memorialized in the "plea form" filed with the court prior to the entry of the change of plea. In the opening brief, the People concede that the duration of the probation was set for only three years rather than five solely "by reason of its [the court's] announced intention to make both offenses misdemeanors." On the face of this record, the order deeming the offense to be a misdemeanor necessarily underlies the grant of probation within the meaning of section 1238, subdivision (d).
There is no change in the judgment.
Appellant's petition for rehearing is denied.