Filed 10/18/06





IN THE SUPREME COURT OF CALIFORNIA


THE PEOPLE,
Plaintiff and Respondent,
S022224
v.
Alameda County
DARREN CORNELIUS STANLEY,
Super. Ct. No. 103289
Defendant and Appellant.
MODIFICATION OF OPINION
THE COURT:
The opinion herein, appearing at 39 Cal.4th 913, is modified as follows:
The last paragraph on page 968, under the heading “22. Noncapital
sentencing error,” is modified to read:
Defendant correctly argues he was erroneously sentenced under counts VI,
VII, and IX (robberies of Adelaja, Cheatham and Dollison) to three one-year full
consecutive terms for the deadly weapon enhancements, whereas, because he was
consecutively sentenced on more than two robbery convictions involving the use
of a deadly or dangerous weapon, and none of the robberies qualified as a violent
felony under section 667.5, the subordinate term for each subsequent robbery
conviction should have been limited to one-third the middle term of imprisonment
and one-third of the enhancement, according to the then-applicable statute, former
§ 1170.95, subdivision (g). (Stats. 1988, ch. 811, § 1, p. 2617.) Accordingly,

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defendant asks this court to reduce his subordinate term by two years, from nine to
seven years. Respondent concedes the sentencing error and agrees with the
proposed reduction. We shall therefore order the abstract of judgment corrected to
reflect the reduction of defendant’s aggregate determinate sentence by two years.
The modification does not effect a change in the judgment.

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