People v. Huertas CA4/3

Filed 4/23/25 P. v. Huertas CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G063491

v. (Super. Ct. No. 19HF0719)

MIGUEL ANGEL HUERTAS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Karen L. Robinson, Judge. Affirmed in part, reversed in part, and remanded with directions. Laura Vavakin, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Arlene A. Sevidal, Randall D. Einhorn, and Jon S. Tangonan, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Miguel Angel Huertas appeals the calculation of his custody credits, as well as the imposition of a restitution fine and other assessments. The People concede error occurred with regard to credits but assert the court properly imposed the fine and assessments. We reverse and remand to recalculate custody credits, but otherwise affirm. FACTS I. THE 2019 GUILTY PLEA AND SENTENCE In December 2019, Huertas entered a guilty plea based upon an indicated sentence. Huertas admitted he and an accomplice lured the victim to a restroom, where Huertas stabbed the victim multiple times with a knife. Huertas further admitted he was a member of the Varrio Viejo street gang and that the victim had been “‘green lit’” by the gang for an attack because the victim was a gang member “in bad standing.” Huertas pleaded guilty to premeditated attempted murder (Pen. Code, §§ 187, subd. (a), 664, subd. (a))1 and conspiracy (§ 182, subd. (a)(1)). Huertas admitted two enhancement allegations of street gang activity (§ 186.22, subds. (b)(1), (b)(4)), one enhancement allegation of inflicting great bodily injury (§ 12022.7, subd. (a)), and one enhancement allegation of personal use of a deadly weapon (§ 12022, subd. (b)(1)), all of which were to be stricken for purposes of sentencing. Huertas also admitted a prison prior pursuant to section 667.5, subdivision (b). As he acknowledged, Huertas faced a potential maximum sentence of 15 years to life, plus 23 years, in state prison. But consistent with the sentence indicated in the written guilty plea, the court sentenced