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People v. Elizalde

California Court of Appeals, Second District, Sixth Division

December 19, 2016

THE PEOPLE, Plaintiff and Respondent,
v.
MARINA ELIZALDE, Defendant and Appellant

          Superior Court of Ventura County, No. 2011020153, David R. Worley, Judge.

Page 1063

         Wayne C. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant.

         Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Mary Sanchez and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent.

         Tangeman, J., concurring. Concurring opinion by Yegan, J.

          OPINION

          [211 Cal.Rptr.3d 812] GILBERT, P. J.

          At a post-conviction hearing, the trial court considered two issues: whether defendant violated the terms of her postrelease community supervision (PRCS) (Pen. Code § 3450 et seq.)[1] and whether she was entitled to relief pursuant to Proposition 47.

         The trial court found defendant violated the terms of her PRCS and ordered her to serve 120 days in custody. It then immediately granted her petition for Proposition 47 relief under section 1170.18. The effect of the

Page 1064

court's inconsistent rulings was to give and take away at the same time. This rendered the court's order that defendant serve time in custody a nullity. Defendant served her time in custody rendering this appeal moot. Because this is a matter of interest to defendants, practitioners of criminal law, and the public, we discuss the issue.

         We dismiss the appeal as moot.

         FACTS

         In 2011, Marina Elizalde was convicted of forgery (§ 475, subd. (b)) and possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)). She was sentenced to 16 months in prison. In 2012, she was released on PRCS.

         In 2015, the Ventura County Probation Agency filed a petition to revoke Elizalde's PRCS. On the same date, Elizalde filed a petition to have her convictions declared misdemeanors pursuant to ...


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