People v. Guzman CA2/3

Filed 9/29/15 P. v. Guzman CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B260771

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA378549) v.

CARLOS GUZMAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael D. Carter, Judge. Affirmed. Waldemar D. Halka, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Blythe J. Leszkay and Timothy M. Weiner, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

INTRODUCTION We reversed defendant and appellant Carlos Guzman’s 2012 conviction of first degree murder and remanded for either a retrial or a reduction of his sentence to second degree murder. In 2014, Guzman’s sentence was reduced, and he was resentenced, without the benefit of a supplemental probation report. In this appeal, Guzman contends that the trial court’s failure to order a supplemental probation report entitles him to another sentencing hearing. We disagree and affirm the judgment. BACKGROUND1 A jury found Guzman guilty of first degree murder (Pen. Code, § 187, subd. (a))2 and found true a gang allegation (§ 186.22, subd. (b)(1)(C)). Based on a prior serious felony constituting a strike under the “Three Strikes” law, which Guzman admitted, the trial court, after denying a Romero motion,3 sentenced him to 25 years to life, doubled to 50 years to life, on November 30, 2012. At the sentencing hearing, the trial court had available to it a probation report, prepared May 26, 2011. Guzman appealed. In our opinion filed on June 19, 2014,4 we concluded that the jury had been erroneously instructed on aiding and abetting and the natural and probable consequences doctrine. (See generally People v. Chiu (2014) 59 Cal.4th 155.) We therefore reversed in part and remanded with the direction that the People could either elect to retry Guzman solely on the premeditation and deliberation element of murder or accept a reduction of his sentence to second degree murder, in which case he was to be resentenced. On October 30, 2014, the People accepted a reduction of Guzman’s conviction to second degree murder. The court resentenced him to 15 years to life, doubled to 30 years