*Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, only the Introduction, part II of the Discussion, and the Disposition are certified for publication.

Beckham, under appointment by the Court of Appeal, for Defendant and Appellant Trinidad Valdez Martinez. Gray, under appointment by the Court of Appeal, for Defendant and Appellant Xavier Ysauro Medrano. APPEALS from a judgment of the Superior Court of Tulare County. XAVIER YSAURO MEDRANO et al., OPINION Defendants and Appellants. Filed 12/3/19 (unmodified version) CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F068714 & F069260 Plaintiff and Respondent, (Super. Avellanoza’s petition for rehearing is denied. He requests the disposition include the following language: “Since Avellanoza’s judgment is not final, his matter shall be remanded for the purpose of considering resentencing under legislation enacted since his original sentencing, including the amendment to section 12022.53, subdivision (h) resulting from Senate Bill 620.” We decline this request because we believe the opinion and dispositional language are sufficiently clear that Avellanoza, along with his codefendants, is entitled to consideration for resentencing based on any new laws now applicable to him, and that the superior court may not refuse him this opportunity when this matter is remanded for further proceedings. Because he has already gone through one resentencing, he posits the “superior court may decline and refuse to bring him back for resentencing” under the new laws. Sentencing Issues, after the last paragraph on page 79, add the following paragraph: In a petition for rehearing, Avellanoza states he has previously been resentenced pursuant to the original opinion filed in 2017 after remittitur issued. ORDER MODIFYING OPINION AND DENYING REHEARING THE COURT: It is ordered that the partially published opinion filed herein on December 3, 2019, and reported in the Official Reports (_ Cal.App.5th _) be modified as follows: In the unpublished portion of the Discussion, at the end of part XI. XAVIER YSAURO MEDRANO et al., Defendants and Appellants. attached) CERTIFIED FOR PARTIAL PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F068714 & F069260 Plaintiff and Respondent, (Super.

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