People v. Holguin CA4/1

Filed 6/24/25 P. v. Holguin CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D085871

Plaintiff and Respondent,

v. (Super. Ct. No. SWF1907757)

ANTHONY HOLGUIN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Riverside County, Timothy F. Freer, Judge. Reversed in part and otherwise affirmed. Daniel J. Kessler, 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, Steve Oetting and Maxine Hart, Deputy Attorneys General, for Plaintiff and Respondent. As relevant here, a jury convicted Anthony Holguin of violating Penal Code section 29820. That section forbids an adjudged ward of the juvenile court to possess a firearm until after turning 30 years old if they committed a

qualifying offense, including those listed in Welfare and Institutions Code section 707(b). Holguin raises several claims on appeal, including that his conviction of count 2 for unlawfully possessing a firearm is unsupported because his prior juvenile adjudication was not for an offense listed in section 707(b). The People concede error on this point. Resolving this matter by memorandum opinion (People v. Garcia (2002) 97 Cal.App.4th 847, 851- 854), we accept the People’s concession and reverse Holguin’s section 29820 conviction due to insufficient evidence. We otherwise affirm the judgment. I. In November 2019, Holguin personally discharged a firearm, causing a death. He was under the age of 30 at the time. Holguin was charged with first degree murder (Pen. Code, § 187, subd. (a); count 1) and unlawfully possessing a firearm (§ 29820; count 2). As to count 1, it was alleged he personally and intentionally discharged a firearm causing great bodily injury or death (§ 12022.53(d)). As to count 2, the information alleged Holguin, being a person under 30 years old, had previously been adjudicated a ward of the juvenile court under Welfare and Institutions Code section 602 because he had committed an offense listed in section 707(b) of the same code. At trial, the prosecution and defense counsel stipulated that in March 2017 Holguin sustained a true finding for a violation of Penal Code section 245(a), a felony, and was determined to be a ward of the juvenile court as defined by Welfare and Institutions Code section 602. Defense counsel asserted the stipulation satisfied the elements of count 2. The jury convicted Holguin of second degree murder with a firearm use enhancement on count 1 and unlawful possession of a firearm on count 2. He was sentenced to 15 years to life in prison on count 1 and 25 years to life for