In re Pacheco (2007) 156 Cal.App.4th 424d

In re Pacheco (2007) 156 Cal.App.4th 424d [-- Cal.Rptr.3d --]

In re Pacheco (2007)156 Cal.App.4th 424d , -- Cal.Rptr.3d --

[No. B199500.
Second Dist., Div. Six.

Oct. 31, 2007.]

In re DAMIAN PACHECO, on Habeas Corpus.

[Modification of opinion (155 Cal.App.4th 1439) on denial of petition for rehearing.]

THE COURT.-

The opinion filed herein on October 10, 2007, is modified as follows:

1. On page 6, line 9 [155 Cal.App.4th 1445, advance report, 5th full par., line 13], we delete the explanatory parenthetical following the citation to People v. Turner (1998) 67 Cal.App.4th 1258, 1268, which reads [striking a prior offense to eliminate a five-year enhancement does not preclude its use under the Three Strikes law].

The petition for rehearing filed by Damian Pacheco is denied.

There is no change in judgment.