People v. Aguilar CA4/3

Filed 11/10/25 P. v. Aguilar 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G064113

v. (Super. Ct. No. 08NF2632)

ANDREW AGUILAR, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Lewis W. Clapp, Judge. Affirmed. James M. Crawford, 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.

Servidal and Melissa Mandel, Deputy Attorneys General, for Plaintiff and Respondent. * * * After a jury convicted Andrew Aguilar of, among other crimes, attempted murder and found true a related firearm enhancement, he was sentenced on the attempted murder conviction to life with a minimum parole eligibility term of 15 years, plus 20 years for the firearm enhancement. Following his direct appeal, a panel of this court ordered the abstract of judgment modified to state the applicable sentence was “life with a 15-year minimum parole eligibility date, plus 20 years to life.” Thereafter, Aguilar filed a motion seeking resentencing, arguing the sentence on the firearm enhancement was unauthorized. The trial court denied the resentencing motion, but corrected the abstract of judgment to reflect a sentence of 20 years for the firearm enhancement. Aguilar appealed. As discussed below, we conclude the trial court could correct the abstract of judgment without triggering resentencing. Therefore, we affirm the postjudgment order. STATEMENT OF THE CASE On March 2, 2011, a jury found Aguilar guilty of premeditated attempted murder, and found true that he personally discharged a firearm during the commission of the attempted murder and that the crime was committed for the benefit of a criminal street gang. The jury further found Aguilar guilty of two counts of street terrorism and one count of carrying a loaded unregistered firearm in public. On June 3, 2011, the trial court imposed a 15 years to life sentence for the attempted murder conviction, and 20 years for the firearm enhancement. It imposed a concurrent 2 year middle term for the carrying a