(Super. Ct. No. CRF060983)
The opinion of the court was delivered by: Mauro, J.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
A jury convicted defendant Roberto Louis Barron of two counts of attempted murder, two counts of assault with a firearm and one count of possession of a firearm by a convicted felon. In a previous appeal, this court reversed the trial court's determination that defendant's prior conviction in Colorado for felony menacing was a strike. This court remanded the matter for resentencing and correction of the abstract of judgment. (People v. Barron (July 7, 2010, C061594) [nonpub. opn.] (Barron I).)
Defendant now appeals the judgment following resentencing. He contends (1) he is entitled to additional custody credit for the period between his original sentencing on March 20, 2009, and his resentencing following Barron I, on November 19, 2010; (2) the trial court should clarify the amount of the restitution fines imposed; and (3) the trial court abused its discretion in reimposing consecutive sentences.
The People agree that the matter should be remanded to the trial court for calculation and award of custody credit and for clarification of the amount of restitution fines imposed. But the People contend defendant forfeited his claim that the trial court erred in imposing consecutive sentences.
We agree with the People.
A Colorado bail agency hired bounty hunters to find defendant after he absconded on bail. Bounty hunters went to a motel where defendant was staying, obtained a room key from the manager and announced themselves at the motel room. The door to the room was blocked with furniture, but they successfully opened the door. They retreated, however, after hearing a gunshot. Defendant eventually surrendered with gunshot residue on his hand. There was a bullet hole in the motel room wall and an expended casing next to the bed.
Defendant was convicted of attempted murder, assault with a firearm and possession of a firearm by a convicted felon. In Barron I, this court affirmed the convictions, but determined that the trial court erred in finding that defendant had two prior strikes because defendant's prior conviction in Colorado for felony menacing was not a strike. This court reversed that finding and remanded the matter for resentencing. This court also directed the trial court to correct the abstract of judgment because it indicated $1,000 in restitution fines even though only $600 in fines had been imposed by the trial court.
On remand, the trial court resentenced defendant, imposing consecutive terms on the two attempted murder convictions and the firearm possession conviction and staying the two convictions for assault with a firearm under Penal Code section 654,*fn2 for a total aggregate prison term of 42 ...