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People v. Morales

California Court of Appeals, Fourth District, Third Division

June 26, 2015

THE PEOPLE, Plaintiff and Respondent,
v.
JOSUE VARGAS MORALES, Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County No. 13WF3934, Christopher Evans, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.)

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COUNSEL

Christian C. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Arlene A. Sevidal and Sean M. Rodriquez, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

IKOLA, J.

In 2014 the voters passed Proposition 47, which reclassified certain offenses from felonies to misdemeanors. Proposition 47 also enacted a procedure whereby a defendant who suffered a felony conviction for one of the reclassified offenses could petition to have the conviction redesignated a misdemeanor. If the defendant is still serving a sentence, the defendant can have the sentence recalled and be given a misdemeanor sentence instead. Defendants who are resentenced are subject to one year of parole unless the court, in its discretion, waives the parole requirement.

Here, in March 2014, defendant pleaded guilty to felony possession of a controlled substance. In April 2014, he was sentenced to 16 months in state prison. In August 2014, he was released to postrelease community supervision (PRCS) for a period of three years. In November 2014, defendant filed a petition to have his sentence recalled and to have his felony conviction reclassified as a misdemeanor. The court recalled his sentence, imposed a jail sentence of time served, and imposed one year of parole.

On appeal, defendant contends he was not still serving a sentence and thus the court had no authority to impose parole, but could only redesignate the conviction from a felony to a misdemeanor. In the alternative, defendant contends his excess custody credits should be counted against his parole time. We disagree with his first contention and conclude he was still serving his

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sentence when he petitioned to recall the felony conviction. However, we agree he was entitled to credit his excess custody time against his parole. We also agree with defendant’s contention that he is entitled to have excess custody days credited against his fines, ...


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