BACKGROUND

In the early morning of December 8, 2018, defendant killed one of his housemates, Brian Alexander Garza, by striking his head with a breaker bar when he was asleep and then strangling him. Defendant dragged the body into his vehicle, returned to clean up the blood, then drove to an orchard and dumped the body. On the way home, he called his mother and confessed. Then he called 911 and confessed. At the police station, after receiving a Miranda1 warning, defendant confessed again in a recorded statement.2 Defendant’s trial theory was that he did kill Garza, but he was guilty of a crime lesser than first degree murder. On May 27, 2021, the Tulare County District Attorney filed an information charging defendant with murder (Pen. Code, § 187, subd. (a)) and the personal use of a deadly and dangerous weapon in the commission of the murder (Pen. Code, § 12022, subd. (b)(1)). On February 14, 2022, a jury found defendant guilty of first degree murder and found true the weapon allegation. On May 5, 2022, the trial court sentenced defendant to 25 years to life, plus one year for the weapon enhancement.

1 Miranda v. Arizona (1966) 384 U.S. 436. 2 At trial, witnesses testified to corroborating facts.

2. On July 1, 2022, defendant filed a notice of appeal. On December 2, 2022, appellate counsel mailed a letter to the trial court pursuant to People v. Fares (1993) 16 Cal.App.4th 954, requesting that the court correct defendant’s custody credits by one day to 1,245 days. Because we have no record of a response by the trial court, we will remand for consideration of counsel’s letter.

DISCUSSION

Having undertaken an examination of the entire record, we find no evidence of any arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed. The matter is remanded to the trial court to determine whether defendant is entitled to another day of custody credit and, if so, to forward copies of an amended abstract of judgment to the appropriate entities.

3.