People v. Reyes CA2/5

INTRODUCTION

A jury convicted defendant and appellant Rafael Reyes of second degree murder (Pen. Code, § 187, subd. (a)1) and found true the allegations that defendant personally used a firearm (§ 12022.53, subd. (b)), personally and intentionally discharged a firearm (§ 12022.53, subd. (c)), and personally and intentionally discharged a firearm causing great bodily injury and death (§ 12022.53, subd. (d)). The trial court sentenced defendant to 40 years to life in state prison, and awarded him 522 days of actual custody credit. On appeal, defendant contends that insufficient evidence supports his second degree murder conviction, the trial court miscalculated his actual custody credit, the minute order for his sentencing hearing and the abstract of judgment incorrectly reflect the trial court’s award of actual custody credit, and the abstract of judgment incorrectly reflects his sentence for violating section 12022.53, subdivision (d). We order the minute order for defendant’s sentencing hearing and the abstract of judgment modified to reflect 524 days of actual custody credit and zero days of conduct credit and the abstract of judgment modified to reflect a sentence of 25 years…