People v. Alvarado CA2/2

Filed 7/24/24 P. v. Alvarado CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B330283

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA014561) v.

GILBERT MENDOZA ALVARADO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Juan Carlos Dominguez, Judge. Affirmed as modified.

James Koester, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Wyatt E. Bloomfield and Lindsay Boyd, Deputy Attorneys General, for Plaintiff and Respondent.

****** Gilbert Mendoza Alvarado (defendant) appeals from the judgment following resentencing. On appeal, he contends the trial court erred by imposing court security fees and criminal conviction assessments and incorrectly calculated his presentence custody credits. The People agree, and so do we. Accordingly, we modify but otherwise affirm the judgment. FACTS AND PROCEDURAL BACKGROUND I. Convictions and Original Sentence 1 Defendant was convicted in 1993 of (1) second degree murder (Pen. Code, § 187, subd. (a)2); (2) assault with a firearm (§ 245, subd. (a)(2)); (3) shooting at an occupied vehicle (§ 246); and (4) possession of marijuana for sale (Health & Saf. Code, § 11359). With respect to the murder, the jury found true the allegation that defendant personally used a firearm (§ 12022.5, subd. (a)). On March 4, 1993, the trial court sentenced defendant to an aggregate term of 24 years to life in prison, consisting of 15 years to life for the second degree murder plus five years for personal use of a firearm; three years for drug possession; and