California Court of Appeals, Fourth District, Third Division
Appeal from a postjudgment order of the Superior Court of Orange County, No. 11WF1938 Vickie Hix, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.)
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Robert Booher, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson, Lynne G. McGinnis and Kristine A. Gutierrez, Deputy Attorneys General, for Plaintiff and Respondent.
In 2014 the voters passed Proposition 47, which reclassified certain offenses from felonies to misdemeanors. Proposition 47 also enacted
Penal Code section 1170.18, which creates a procedure whereby a defendant who suffered a felony conviction of one of the reclassified crimes can petition to have his or her conviction redesignated a misdemeanor. Under subdivision (a), 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. Under subdivision (f), if the defendant has completed his sentence, he can petition to have his felony redesignated a misdemeanor, and no parole period applies.
In August 2011 defendant Jaime Manuel Pinon pleaded guilty to a felony complaint of possession of methamphetamine (count 1; Health & Saf. Code, § 11377, subd. (a)), and misdemeanor possession of controlled substance paraphernalia (count 2; Health & Saf. Code, § 11364). In support of the plea, he stated, “On 8/12/11, I willfully and unlawfully possessed: (1) a usable quantity of methamphetamine, a controlled substance and (2) a pipe used for smoking a controlled substance.” The court sentenced defendant to a state prison term of 16 months on count 1, and suspended imposition of sentence on count 2. Upon defendant’s release from prison, he was placed on post-release community supervision (PRCS). (Pen. Code, § 3451, subd. (a).) His PRCS was set to expire in April 2015.
In December 2014, defendant petitioned to reduce count 1 to a misdemeanor pursuant to Penal Code section 1170.18, subdivision (f), or, in the alternative, subdivision (a). The court granted defendant’s petition under subdivision (a) and sentenced defendant to 545 days in county jail (thus imposing a 180-day jail term on count 2 that had previously been suspended, and running that term consecutively), credited him for the full 545 days, and, over defendant’s objection, imposed one year of parole. Defendant timely appealed and now contends the court should not have imposed parole, or, in the alternative, ...