P. v. Thomas

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Filed 6/8/05 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, v. ALONZA RYDELL THOMAS, JR., ) ) ) ) ) ) ) Defendant and Appellant. ) ___________________________________ ) S118052 Ct.App. 5 F037501 Kern County Super. Ct. No. SC081072A ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] The opinion herein, appearing at 35 Cal.4th 635, is modified as follows: The last sentence of the first paragraph on page 644 is deleted, and the following sentence is substituted in its place: Moreover, Penal Code section 12022.53, subdivision (h), expressly forbids the trial court from striking an allegation of personal firearm use. This modification does not affect the judgment.

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