People v. Ambriz CA2/4

INTRODUCTION

Appellant Freddy Ambriz was convicted of murder in 2011. He was resentenced pursuant to Penal Code section 1172.751 in 2023, and he appealed. He asserts that the trial court erred in denying his request for a continuance of the resentencing hearing, that he was denied the effective assistance of counsel, and that the court incorrectly calculated his custody credits. The People assert no error as to Ambriz’s first two contentions, but concede that the court’s award of custody credits was erroneous. We find that the trial court did not abuse its discretion with respect to defense counsel’s request for a continuance, and that Ambriz was not denied the effective assistance of counsel. We agree with the parties that the calculation of custody credits was erroneous. We therefore remand the matter for recalculation of Ambriz’s custody credits, and otherwise affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

A. Conviction and previous sentence Ambriz and his brother were convicted of the July 2010 murder of Shaquana Watson. (People v. Ambriz (Sept. 6, 2013, B238305 [nonpub. opn.] (Ambriz I).) In 2011, a jury found both defendants guilty of first degree murder (§…