People v. Guzman CA2/8

Filed 11/8/24 P. v. Guzman CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B333293

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA400013-01 v.

GUSTAVO GUZMAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, George G. Lomeli, Judge. Affirmed in part and remanded with directions. Michele A. Douglass, 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, Assistant Attorney General, Zee Rodriguez and Michael C. Keller, Deputy Attorneys General, for Plaintiff and Respondent.

_______________________

Gustavo Guzman was convicted of the first degree murders of Steven Robinson, Aric Lexing, and Scott Grant, as well as other criminal charges. Guzman was resentenced after his first appeal. He now contends the trial court erred at resentencing. We remand for the trial court to recalculate Guzman’s custody credits and to correct the minute order and abstract of judgment. In all other respects, the judgment is affirmed.

FACTUAL AND PROCEDURAL BACKGROUND

As this appeal solely concerns procedural issues at sentencing, a full recitation of the underlying facts is unnecessary. Gustavo Guzman was convicted of three counts of first degree murder (Pen. Code, § 187, subd. (a)),1 two counts of sale of methamphetamine (Health & Saf. Code, § 11379, subd. (a)), and two counts of possession of a firearm by a felon (former § 12021, subd. (a)), with associated enhancements and special circumstances found true. In Guzman’s first appeal, we affirmed Guzman’s convictions, but vacated the gang-related special circumstance and enhancement findings. (People v. Guzman (Sept. 12, 2022, B303524) [nonpub. opn.].) On remand, the People elected not to retry the gang-related special circumstance and enhancement allegations. At resentencing, the court sentenced Guzman to life without parole (LWOP) for each murder, designated to run consecutively; and for two of the three murder convictions, an additional term of 25 years to life. For the remaining convictions, the court imposed a consecutive total determinate sentence of 10 years 8 months. The court ordered that all other terms and conditions of the