People v. Serrano CA2/4

Filed 11/12/25 P. v. Serrano 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B339256 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. BA176519)

GILBERT ISRAEL SERRANO, Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Ronald S. Coen, Judge. Affirmed. Jennifer A. Gambale, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Gilbert Serrano appeals from an order denying his ex parte application for recalculation of his custody credits following his resentencing under Penal Code section 1172.1.1 His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and Serrano filed a supplemental brief. We review the contentions Serrano raises in his supplemental brief and affirm the order. BACKGROUND In 1997, Serrano performed unlicensed dental work on the victim and kissed her against her will. A jury convicted Serrano of battery causing serious bodily injury (§ 243, subd. (d); count one); false imprisonment (§ 236; count two); and misdemeanor unlicensed practice of dentistry (Bus. & Prof. Code, § 1701, subd. (f); count three). As to count one, the jury found true the allegation that Serrano personally inflicted great bodily injury (§ 12022.7). Serrano admitted that he had been convicted of two prior strike felonies (§§ 667, subds. (a)-(i), 1170.12, subds. (a)-(d)). The superior court sentenced Serrano to a total term of 60 years to life in prison. The court also imposed restitution fines pursuant to section 1202.4, subdivisions (a)(3) and (f). Serrano appealed, and this court affirmed his convictions. (People v. Serrano (June 28, 2000, B132400) [nonpub. opn.].) In 2020, the District Attorney of Los Angeles County recommended that the superior court recall Serrano’s sentence and resentence him pursuant to former section 1170, subdivision (d)(1).2 The court declined to recall the sentence and Serrano appealed. We remanded the matter for the superior court to reconsider Serrano’s request in light of former section 1170.03.