The People, Plaintiff and Respondent, v. Cristian Argeta et al., Defendants and Appellants. (2012)

Court of Appeal, Second District, Division 4, California.

The People, Plaintiff and Respondent, v. Cristian Argeta et al., Defendants and Appellants.

B229135

Decided: December 04, 2012

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING [NO CHANGE IN JUDGMENT]

It is ordered that the petition for rehearing, filed by respondent on November 27, 2012, is denied; and that the opinion filed herein on November 13, 2012, be modified in the following particulars:

The following sentences are to be added to the end of the fifth paragraph of section VII:

“In so deciding, we do not hold that the sentence in this case is categorically barred as cruel and unusual. So long as it considers all of the circumstances discussed above, the trial court may exercise its discretion, consistent with this opinion, to impose the same sentence or a different one.”¿

There is no change in the judgment.

FOOTNOTES

FOOTNOTE.

THE COURT:* FN* EPSTEIN, P.J., WILLHITE, J., SUZUKAWA, J.

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