People v. Delgado CA4/3

Filed 5/15/24 P. v. Delgado 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062889

v. (Super. Ct. No. RIF122615)

JOHNNY MARIONNO DELGADO, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Riverside County, John D. Molloy, Judge. Reversed and remanded with instructions. Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Kathryn A. Kirschbaum and Collette C. Cavalier, Deputy Attorneys General, for Plaintiff and Respondent.

Johnny Marionno Delgado challenges the trial court’s denial of his postjudgment motion for additional days of custody credits. He claims he was entitled to an additional three days of credits for time he spent in custody before his 2008 sentencing for multiple counts of attempted murder and other offenses. As explained below, we agree and therefore reverse the court’s order and remand for the court to issue an amended abstract of judgment. FACTS I. Delgado’s Offenses and Arrest According to the probation report, on March 28, 2005, at 6:27 p.m., officers of the Riverside Police Department were dispatched to an apartment complex in the city in response to a report of a shooting.1 When officers arrived at the scene, witnesses provided them information about the shooting, and one witness said he saw two men running to an apartment in the complex. At the same time, the victims of the shooting called police dispatch, provided their current location, and identified the suspects who shot at them, including Delgado. Officers approached the entrance to the apartment, where a woman confronted them in a hostile manner until officers subdued and arrested her. A man then came out of the apartment and also confronted the officers in a hostile manner. He was likewise subdued and arrested. The officers located Delgado in the apartment and arrested him. Officers then arrived at the victims’ location and interviewed them. Delgado was released on bail on July 21, 2005, but was returned to custody on July 20, 2007. II. Delgado’s Convictions and Sentencing In 2007, a jury convicted Delgado of four counts of attempted murder and several other offenses. His sentencing was set for December 2007. In a section of the probation report addressing credit for time served, the report provided March 21, 2005, as