Opinion
Page 476i
98 Cal.App.4th 476i THE PEOPLE, Plaintiff and Respondent, v. ALEJANDRO P. GONZALEZ et al., Defendants and Appellants. G025767. California Court of Appeal, Fourth District, Third Division May 20, 2002ARONSON, J.
It is ordered that the opinion filed herein on April 19, 2002, 97 Cal.App.4th 1087; 118 Cal.Rptr.2d 850 be modified as follows:
1. On page 6, third sentence of the second full paragraph [97 Cal.App.4th 1092 , advance report, 1st par., line 7], delete the quotation marks for “tentative ruling.”
2. On page 6, beginning with the sixth sentence of the second full paragraph [97 Cal.App.4th 1092, advance report, 1st par., line 11], the word “Requiring” is changed to “Adopting” so the sentence reads:
Adopting the procedure in criminal sentencing hearings should cause no great burden.
3. In the second full paragraph beginning on page 6 [97 Cal.App.4th 1092, advance report, 2nd par.] and concluding on page 7, after the last sentence ending “pronouncement of judgment,” add the following sentences:
Consequently, tentative decisions are not mandatory. But it is the better practice. Arguments over whether the defendant waived sentencing issues are easily avoided when the trial court provides a tentative indication of the sentence and supporting reasons.
4. On page 8 [97 Cal.App.4th 1093, advance report, 1st par.], delete the last sentence of the opinion that starts with “The convictions are affirmed” and the following sentence is inserted in its place:
The judgment is reversed and remanded for resentencing.
These modifications do not effect a change in the judgment. The petition for rehearing is denied.
SILLS, P. J., and MOORE, J., concurred.