P. v. Catalan
Filed 6/15/06 P. v. Catalan CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. JOSE ANTONIO CATALAN et al., Defendants and Appellants. | G034279 (Super. Ct. No. 02NF0517) O P I N I O N |
Appeal from judgments of the Superior Court of Orange County, Kazuharu Makino, Judge. Affirmed as modified.
Sharon M. Jones, under appointment by the Court of Appeal, for Defendant and Appellant Jose Antonio Catalan.
Daniel G. Koryn, under appointment by the Court of Appeal, for Defendant and Appellant Carlos Rodriguez Urrutia.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Susan E. Miller and Lise Jacobson, Deputy Attorneys General, for Plaintiff and Respondent.
Jose Catalan and Carlos Urrutia were convicted of attempted willful, deliberate, and premeditated murder and street terrorism. The jury found true both defendants committed attempted murder for the benefit of a criminal street gang, and Catalan vicariously discharged a firearm during the commission of the attempted murder. On appeal, they argue there were instructional errors, constitutional and statutory sentencing errors, and they received ineffective assistance of counsel. Catalan contends his Fifth and Sixth Amendment rights were violated because he was not advised of his Miranda v. Arizona (1966) 384 U.S. 436 (Miranda), rights before officers questioned him. Urrutia claims insufficient evidence supports his convictions for attempted willful, deliberate, and premeditated murder and street terrorism.
We agree with Catalan's claim the trial court imposed an erroneous 15-year minimum parole eligibility date. We also conclude the award of presentence custody credits must be corrected for both defendants. We will modify the judgments to reflect the proper minimum parole eligibility for Catalan and the proper amount of credits for Catalan and Urrutia and, as modified, affirm the judgments in their entirety.
FACTS
Richard Gonzalez and Michael Ornelas, a self-admitted member of the criminal street gang â€
