People v. Titus CA1/3

Filed 8/28/25 P. v. Titus CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A171828

v. (Humboldt County BYRON DEAN TITUS, JR., Super. Ct. No. CR2100262) Defendant and Appellant.

MEMORANDUM OPINION1 Byron Titus was convicted of multiple offenses, including attempted murder and aggravated mayhem. The present appeal is from a November 2024 resentencing order. Defendant contends that the court’s minute order and abstract of judgment must be amended because (1) the superior court clerk failed to record defendant’s correct sentence; and (2) the court failed to award conduct credits defendant earned prior to his original sentence. The People concede both errors and we accept their concession.

We resolve this case by memorandum opinion pursuant to the 1

California Standards of Judicial Administration, section 8.1.

1

I. Defendant’s Convictions and Current Sentence In March 2022, a jury convicted defendant of the following offenses: attempted murder (Pen. Code, §§ 187, subd. (a), 664;2 count 1); aggravated mayhem (§ 205; count 2); burglary (§ 459; count 3); two counts of assault with a firearm (§ 245, subd. (a)(2); counts 4 & 6); and shooting at an inhabited dwelling (§ 246; count 5). The jury also found true allegations that defendant personally and intentionally discharged a firearm, causing great bodily injury (§ 12022.53, subd. (d); counts 1 & 2), personally used a firearm (§ 12022.5, subd. (a); counts 3 & 4), and caused great bodily injury (§ 12022.7, subd. (a); counts 4 & 5). Additional enhancement allegations were found true by the trial court, for a prior strike conviction (§§ 667, subd. (b)–(i), 1170.12, subd. (c)(1)), and a prior serious felony conviction (§ 667, subd. (a)(1)). In April 2022, the trial court imposed an aggregate prison sentence of 50 years to life plus 32 years, eight months. In June 2023, this court affirmed defendant’s convictions but remanded the matter for resentencing. (People v. Titus (June 2, 2023, A164999) [nonpub. opn.].) Defendant’s resentencing hearing was held on November 8, 2024. The court expressed its intention to cure defects in defendant’s prior sentence that had been identified by the appellate court, and to adopt all other sentencing decisions previously imposed. Ultimately, the court orally pronounced defendant’s sentence as follows: Attempted murder (count 1): 14 years to life; plus 25 years to life for the firearm enhancement. Sentence for count one and the enhancement was stayed pursuant to section 654.