People v. Flores CA5
Opinion
Opinion
INTRODUCTION
In 2019, a jury found appellant Joaquin Flores guilty of two felonies: (1) premeditated attempted murder (Pen. Code, §§ 664, 187, subd. (a);1 count 1) and (2) assault with a deadly weapon (§ 245, subd. (a)(1); count 2). The jury found true gang enhancement allegations. Appellant was sentenced to an indeterminate term of 15 years to life for the attempted murder, and the sentence for the assault was stayed.2 In 2023, the Second District Court of Appeal, Division Eight, issued an unpublished opinion in which it vacated appellant’s gang enhancements. The judgment was otherwise affirmed. (People v. Flores (Feb. 1, 2023, B322682) [nonpub. opn.].) Following remand, the prosecution declined to retry the gang enhancement allegations. Appellant was resentenced in 2024. He received an indeterminate term of seven years to life for attempted murder, and the sentence for the assault was again stayed. When appellant was resentenced in 2024, the trial court did not update his actual custody credit. We agree with the parties that this was error. We remand this matter for the trial court to calculate and update appellant’s actual custody credit.