People v. Arzaluz CA2/3

California Court of Appeal Dec 5, 2025 No. B341885Unpublished

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Holding. The court affirmed the defendant's conviction following a no contest plea, finding no arguable issues on appeal other than an error in the calculation of presentence conduct credit. The court held that the trial court acted within its discretion regarding the timing of the probation revocation hearing and that the defendant was entitled to four, rather than five, days of conduct credit.

Issues

Whether the trial court abused its discretion by scheduling a probation revocation hearing prior to the trial on the underlying criminal charge.
Whether the trial court erred in its calculation of the defendant's presentence conduct credit.

Disposition. Affirmed and modified with directions.

Quotations verified verbatim against the opinion

“Whether a revocation hearing should be held before trial rests in the reasonable discretion of the trial court.”

“We modify the award of presentence conduct credit from 5 days to 4 days.”

“We direct the clerk of the superior court to correct the minute order of the sentencing to reflect this reduction in conduct credit.”

Filed 12/5/25 P. v. Arzaluz CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B341885

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. 23SFCF00133) v.

OSCAR FABIAN ARZALUZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael Terrell, Judge. Affirmed and modified with directions. Wayne C. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗

Appellant Oscar Fabian Arzaluz appeals his conviction following a no contest plea to one count of unlawful possession of ammunition. He originally filed a notice of appeal to challenge the validity of his plea based on the trial court’s intention to conduct a revocation hearing on his other case prior to a jury trial on the underlying case. Pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), Arzaluz’s appellate counsel requested that we review the record and determine whether any arguable issues exist. We have reviewed the entire record and find no arguable issues, except the incorrect calculation of conduct credit. We affirm with directions to correct the conduct credit. BACKGROUND1 On August 21, 2024, the District Attorney filed a one-count information charging Arzaluz with unlawful possession of ammunition in violation of Penal Code section 30305, subdivision (a)(1).2 The information further alleged four aggravating circumstances for having prior convictions or sustained juvenile petitions that are numerous or of increasing seriousness (Cal. Rules of Court, rule 4.421(b)(2))3, serving a prior prison term or county jail term under section 1170, subdivision (h) (rule 4.421(b)(3)), committing the offense while on probation or other

People v. Arzaluz CA2/3

AI Brief

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B341885

OSCAR FABIAN ARZALUZ,

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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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