People v. Garcia CA2/4

Filed 10/23/25 P. v. Garcia CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B335830

Plaintiff and Respondent, (Los Angeles County Super. Ct. No.KA130506) v.

JONATHAN ANTHONY GARCIA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Rogelio Delgado, Judge. Remanded in part, affirmed in part. G. Martin Velez, 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, Blake R. Armstrong and Susan S. Kim, Deputy Attorneys General, for Plaintiff and Respondent.

MEMORANDUM OPINION1 The trial court sentenced appellant Jonathan Anthony Garcia in February 2024 for making criminal threats, carrying a loaded firearm, and vandalism. The parties contend the trial court erred in calculating Garcia’s custody credits, and assert that the matter should be remanded for the trial court to recalculate those credits. We agree the court erred and that remand is the correct remedy. On July 8, 2022, the People charged Garcia with two counts of making criminal threats (§ 422, subd. (a), counts 1 and 2, felonies); carrying a loaded firearm (§ 28580, subd. (a), count 3, a felony); and four counts of vandalism (§ 594, subd. (a); counts 4 and 5, misdemeanors; counts 6 and 7, felonies). On November 14, 2022, Garcia filed a petition for mental health diversion under section 1001.36. On December 14, 2022, the trial court granted Garcia’s petition, ordering diversion for a period of two years. The order included specified terms and conditions, including requiring Garcia to do the following: enroll and participate in programs at God’s Property Sober Living Foundation, where Garcia had been conditionally accepted; comply with a plan for mental health treatment; comply with all rules and regulations at the sober living facility; and remain in mental health treatment for at least one year. If Garcia left the