People v. Anguiano CA4/1

Filed 7/3/25 P. v. Anguiano CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D084681

Plaintiff and Respondent,

v. (Super. Ct. No. FWV036394)

PAUL GILBERT ANGUIANO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Bernardino County, Ingrid A. Uhler, Judge. Affirmed and remanded with instructions. Laura Arnold, 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, Melissa Mandel and James Spradley, Deputy Attorneys General, for Plaintiff and Respondent. Paul Gilbert Anguiano appeals from a 2024 resentencing order, claiming (1) the trial court abused its discretion in declining to strike a firearm enhancement, (2) the trial court erred by failing to recalculate

custody credits, and (3) the restitution fines listed on the abstract of judgment should be vacated. We conclude Anguiano forfeited his claim as to the firearm enhancement by failing to object. The People concede error as to the custody credits and restitution fines, which concessions we accept. Thus, resolving this matter by memorandum opinion (see generally People v. Garcia (2002) 97 Cal.App.4th 847), we affirm and remand with instructions to correct certain errors in the abstract of judgment. I. In 2008, a jury found Anguiano guilty of first degree murder (Pen. Code, § 187, subd. (a); count 1), attempted murder (§§ 664/187(a); counts 2, 3, and 4), and being a felon in possession of a firearm (former § 12021(a)(1); count 5). The jury also found true certain firearm enhancements (§ 12022.53(c), (d) & (e)(1), counts 1 and 2; § 12022.7(a), count 2; § 12022.53(c) & (e)(1), counts 3 and 4) and that Anguiano committed all offenses for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22(b)(1)). Anguiano was sentenced to 50 years to life in prison, three life sentences, and a determinate term of 43 years and eight months with 1,256 days of credit for time served. He was also ordered to pay $400 total in restitution fines and additional restitution to the victims. Anguiano was resentenced on June 27, 2024, under section 1172.75. During resentencing, the trial court decided not to strike the firearm enhancements on counts 1 and 2. (§ 12022.53(c), (d) & (e)(1).) Anguiano was resentenced to 75 years to life plus a determinate term of 12 years and four months. The court then ordered the California Department of Corrections and Rehabilitation to recalculate the custody credits based on time already served. The custody credits listed on the second amended abstract of judgment, however, reflect those given originally.