P. v. Zuniga CA4/3

Filed 4/19/13 P. v. Zuniga CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G046419

v. (Super. Ct. No. 11CF2422)

ADRIAN GARDUNO ZUNIGA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, David A. Hoffer, Judge. Affirmed as modified in part, and reversed and remanded in part. Steven J. Carroll, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Barry Carlton and Garrett Beaumont, Deputy Attorneys General, for Plaintiff and Respondent. * * *

INTRODUCTION Defendant Adrian Garduno Zuniga was convicted of possessing and transporting a controlled substance, and pled guilty to driving with a suspended license. Defendant does not challenge his convictions; the only issues raised on appeal are related to defendant’s sentence. First, defendant argues, and the Attorney General concedes, that the trial court imposed an invalid restitution fine. We will order the judgment modified to reflect the correct fine amount. Second, defendant argues the trial court incorrectly calculated his presentence custody credits. We agree, and remand the matter to the trial court to make a correct award of presentence custody credits. Finally, defendant argues the trial court erred by ordering him to pay reasonable probation costs without first determining his ability to pay. We agree, and remand to allow the trial court to make a determination of defendant’s ability to pay reasonable probation costs.