Wesley A

							Filed 10/1/97
                       CERTIFIED FOR PUBLICATION




           IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

                       THIRD APPELLATE DISTRICT

                             (Sacramento)

                                 ----



THE PEOPLE,                                         C021470

            Plaintiff and Respondent,       (Super. Ct. No. 94F08629)

      v.

SHELDON NEWSOME et al.,

            Defendants and Appellants.



      APPEAL from a judgment of the Superior Court of Sacramento
      County. Faith Geoghegan, Judge. Vacated and remanded with
      directions.

      Alisa M. Weisman, under appointment by the Court of Appeal,
      for Defendant and Appellant Newsome. Wesley A. Van Winkle,
      under appointment by the Court of Appeal, for Defendant and
      Appellant Redman.

      Daniel E. Lungren, Attorney General, George Williamson,
      Chief Assistant Attorney General, Robert R. Anderson,
      Margaret Venturi and Thomas H. Beattie, for Plaintiff and
      Respondent.




                                   1
                 ORDER MODIFYING OPINION ON REHEARING
                  AND DENYING PETITION FOR REHEARING
                         NO CHANGE IN JUDGMENT

THE COURT:


    It is ordered that the partially published opinion on

rehearing filed herein on September 16, 1997, is to be modified

in the following particulars:

    1.   On page 31, after the Fuhrman citation [16 Cal.4th 930]

in the final paragraph of part VII, add the following language.

    The court reached this conclusion “taking into consideration
    the interests of the administration of justice throughout
    the state, . . .” (Id. at pp. 945-946.) In this case,
    however, we are already remanding for resentencing. The
    most efficient procedure, therefore, is for the trial court
    on remand to consider also whether to exercise its
    discretion under section 1385.

     Part VII was previously certified for publication.

    2.   On page 33, add the following language to the

disposition after the word “convictions”:


    ,and as to whether to strike one or more of defendants’
    prior serious felony convictions.

    This modification does not change the judgment.

    Appellant Newsome’s petition for rehearing is denied.

FOR THE COURT:

_____________________, Acting P.J.
BLEASE
_____________________, J.
DAVIS
_____________________, J.
MORRISON


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