People v. Ruiz CA2/4

INTRODUCTION

Defendant Cesar Steven Ruiz went into a house and shot his friend. Defendant was convicted of first degree murder, first degree residential burglary, and possession of a firearm by a felon. The trial court imposed consecutive sentences for each conviction. On appeal, the Attorney General concedes that the trial court erred in imposing consecutive sentences for the murder and burglary convictions under Penal Code section 654.1 In addition, both parties agree that defendant was entitled to an additional day of presentence custody credits. We also agree on these points and remand for resentencing.

FACTUAL BACKGROUND

In December 2020, four individuals (Fernando Tafolla, Eduardo Mendoza, Gilbert Moreno, and Jose)2 were living together in a home and trafficking narcotics. Defendant’s role in the narcotics operation was as a backup, “some kind of security,” and to make sure the drugs arrived at their destination. Defendant wanted to move into an empty bedroom in the house. On December 13, 2020, defendant and Mendoza argued about missing money from a methamphetamine transaction. However, on December 24, 2020, the men apologized and tried to resolve their differences.…