Filed 10/7/13 P. v. Orozco CA2/7

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE,

Plaintiff and Respondent,

v.

GABRIEL OROZCO,

Defendant and Appellant.

 B245766

 (Los Angeles County

 Super. Ct. No. VA123240)

APPEAL from a judgment of the Superior Court of Los Angeles County, 

Robert J. Higa, Judge. Affirmed as modified. 

James C. Huber, under appointment by the Court of Appeal, for Defendant 

and Appellant. 

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant 

Attorney General, Lance E. Winters, Senior Assistant Attorney General, Lawrence M. 

Daniels and Connie H. Kan, Deputy Attorneys General, for Plaintiff and Respondent.

_______________
2

Gabriel Orozco appeals from the judgment entered following his conviction by a 

jury of possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)),1possession 

of concentrated cannabis (Heath & Saf. Code, § 11357, subd. (a)) and possession of 

methamphetamine (Health & Saf. Code, § 11377, subd. (a)). Orozco’s sole contention on 

appeal is his presentence custody credits should be corrected. We affirm the judgment as 

modified. 

FACTUAL AND PROCEDURAL BACKGROUND

Orozco was found to be in possession of concentrated marijuana and 

methamphetamine on December 13, 2011, and a handgun and methamphetamine on 

January 12, 2012. Orozco was thereafter charged in an amended information with one 

count each of possession of a firearm by a felon and possession of concentrated cannabis 

and two counts of possession of methamphetamine. The information specially alleged a 

criminal street gang enhancement (§ 186.22, subd. (b)(1)(A)) and six prior prison term 

enhancements (§ 667.5, subd. (b)). Represented by appointed counsel, Orozco pleaded 

not guilty and denied the special allegations. 

A jury found Orozco guilty on all counts with the exception of count 2, possession 

of methamphetamine. The jury also found not true the alleged criminal street gang 

enhancement. 

In a bifurcated proceeding, Orozco admitted the six prior prison term enhancement 

allegations. The trial court found four of them true and struck one prior prison term 

enhancement for sentencing purposes. 

The trial court sentenced Orozco to an aggregate state prison term of six years, 

consisting of the upper term of three years for possession of a firearm by a felon, plus 

three years for the three prior prison term enhancements. The court also imposed 

concurrent terms of two years each for possession of concentrated cannabis and 

possession of methamphetamine. The court awarded Orozco 526 presentence custody 

1 Statutory references are to the Penal Code, unless otherwise indicated. 
3

credits (351 actual days and 175 days of conduct credits). Orozco timely filed a notice of 

appeal. 

DISCUSSION

Orozco contends, the People acknowledge and we agree the trial court erred in 

calculating his award of presentence custody credits as 526 days rather than as 701 days. 

Orozco’s crimes were committed on December 13, 2011 and January 13, 2012, well after 

the effective date of the current version of section 4019. Accordingly, Orozco is entitled 

to the current one-for-one credit or an additional 175 days of conduct credits under 

section 4019, subdivision (f).

DISPOSITION

The judgment is modified to reflect that Orozco has earned 701 days of 

presentence custody credits, consisting of 351 days in actual custody and 350 days of 

conduct credits. The superior court is directed to prepare an amended abstract of 

judgment and to forward it to the Department of Corrections and Rehabilitation. As 

modified the judgment is affirmed. 

WOODS, J. 

We concur:

PERLUSS, P. J. SEGAL, J.*

*

Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to 

article VI, section 6 of the California Constitution.