California Court of Appeals, Second District, Sixth Division
Superior Court of Ventura County, No. 2011020153, David R.
C. Tobin, under appointment by the Court of Appeal, for
Defendant and Appellant.
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.
J., concurring. Concurring opinion by Yegan, J.
Cal.Rptr.3d 812] GILBERT, P. J.
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.) and whether she was entitled to relief
pursuant to Proposition 47.
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
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.
dismiss the appeal as moot.
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.
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 ...