People v. Aguilar CA3

Filed 12/8/25 P. v. Aguilar CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Butte) ----

THE PEOPLE, C102855

Plaintiff and Respondent, (Super. Ct. Nos. 24CF00166, 24CF04433) v.

MATTHEW RAY AGUILAR,

Defendant and Appellant.

Defendant Matthew Ray Aguilar appeals from the judgment in two cases, contending that he is entitled to two additional days of conduct credit under Penal Code1 section 4019. We affirm. I. BACKGROUND On February 21, 2024, in case No. 24CF00166, defendant pled no contest to driving with 0.08 percent blood-alcohol content within 10 years of three other driving under the influence offenses (Veh. Code, § 23152, subd. (b)) and driving when his privilege was revoked due to a driving under the influence conviction (id., § 14601.2,

1 Undesignated statutory references are to the Penal Code.

1

subd. (a)). Defendant waived his right to a jury trial on aggravating circumstances. The trial court placed defendant on probation. In case No. 24CF04433, the People alleged that defendant committed the offenses of inflicting corporal injury on a domestic partner (§ 273.5, subd. (a)) and cruelty to a child by endangering health (§ 273a, subd. (b)). Defendant was arrested on October 24, 2024. On November 6, 2024, defendant pled guilty to the domestic violence charge in case No. 24CF04433 and admitted he violated probation in case No. 24CF00166 by committing the domestic violence offense. Defendant waived his right to a jury trial on aggravating circumstances. On December 11, 2024, the trial court sentenced defendant to: (1) the upper term of four years for the domestic violence conviction; (2) eight months (one-third the middle term) for the Vehicle Code section 23152, subdivision (b) conviction; and (3) six months to run concurrently for the Vehicle Code section 14601.2, subdivision (a) conviction. In case No. 24CF00166, the trial court granted defendant credit for 171 actual days of presentence custody and 170 days of conduct credit under section 4019. This credit was based on four distinct periods of confinement in case No. 24CF00166 that predate the filing of case No. 24CF04433. In case No. 24CF04433, the trial court granted defendant credit for 49 actual days of presentence custody based on defendant’s confinement from October 24, 2024, to December 11, 2024, and 48 days of conduct credit under section 4019. Defendant timely appealed. Defendant filed a request in the trial court seeking correction of his custody credits. Defendant submits, and the People do not dispute, that the trial court denied this request. II. DISCUSSION In his opening brief, defendant argues the trial court should have aggregated his days of presentence custody in case No. 24CF00166 and case No. 24CF04433 before