People v. Vasquez CA5

INTRODUCTION

Defendant Tony Vasquez appeals from a judgment entered following resentencing pursuant to Penal Code1 section 1172.75. He contends the abstract of judgment must be corrected to conform to the oral pronouncement of judgment, inasmuch as the abstract (1) does not reflect the court’s oral pronouncement to convert all fines and fees to concurrent time, (2) improperly imposes, in a companion probation violation case, fines and fees that were not imposed at the oral pronouncement of judgment, and (3) fails to include updated actual time credits served in the companion probation violation case. The People concede remand is appropriate because the court failed to calculate actual time credits in the companion case. Defendant does not object to this remedy. We vacate the sentence and remand for further sentencing proceedings consistent with this opinion.

BACKGROUND2

In 2015, a jury convicted defendant of first degree premeditated murder (§ 187, subd. (a); count 1), attempted premeditated murder (§§ 187, subd. (a), 664; count 2), two counts of discharging a firearm at an occupied motor vehicle (§ 246; counts 3 & 5), being a felon in possession of a firearm (§ 29800, subd.…