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