People v. Ruiz CA2/4

Filed 1/22/26 P. v. Ruiz CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B341200

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA492757) v.

CESAR STEVEN RUIZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Larry Paul Fidler, Judge. Affirmed as modified, sentence vacated and remanded with directions. J. Kahn, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Stephanie C. Brenan, Supervising Deputy Attorney General, and Nancy Lii Ladner, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION Defendant Cesar Steven Ruiz went into a house and shot his friend. Defendant was convicted of first degree murder, first degree residential burglary, and possession of a firearm by a felon. The trial court imposed consecutive sentences for each conviction. On appeal, the Attorney General concedes that the trial court erred in imposing consecutive sentences for the murder and burglary convictions under Penal Code section 654.1 In addition, both parties agree that defendant was entitled to an additional day of presentence custody credits. We also agree on these points and remand for resentencing.

FACTUAL BACKGROUND In December 2020, four individuals (Fernando Tafolla, Eduardo Mendoza, Gilbert Moreno, and Jose)2 were living together in a home and trafficking narcotics. Defendant’s role in the narcotics operation was as a backup, “some kind of security,” and to make sure the drugs arrived at their destination. Defendant wanted to move into an empty bedroom in the house. On December 13, 2020, defendant and Mendoza argued about missing money from a methamphetamine transaction. However, on December 24, 2020, the men apologized and tried to resolve their differences. Around 12:30 a.m. on December 25, 2020, defendant drove his car to the back of the house. Defendant held a gun behind his back as he approached the house. When he entered the house, defendant had the gun by his side. The gun was a nine-millimeter Taurus. It was a gun that