California Court of Appeals, Second District, Sixth Division
Superior Court County of Ventura No. 2014035319 Patricia M.
W. Howeth, Public Defender, William M. Quest, Senior Deputy,
for Defendant and Appellant.
Becerra, Attorney General, Gerald A. Engler, Chief Assistant
Attorney General, Lance E. Winters, Senior Assistant Attorney
General, Steven D. Matthews, Supervising Deputy Attorney
General, Analee J. Brodie, Deputy Attorney General, for
Plaintiff and Respondent.
GILBERT, P. J.
Pedro Garcia appeals a judgment the trial court imposed after
revoking his postrelease community supervision (PRCS). (Pen.
Code, §§ 3451, 3455.) The court imposed a
180-day period of confinement for Garcia's PRCS violation
to run consecutively to a four-year prison term in another
case. We conclude, among other things, that the court lacks
authority to run a period of confinement for a PRCS violation
consecutively to a sentence in another criminal case. The
portion of the judgment imposing a consecutive sentence is
stricken; as so modified, we affirm.
January 2015, Garcia pled guilty to unlawful driving or
taking of a vehicle (Veh. Code, § 10851, subd. (a)), a
felony, and evading an officer (id., § 2800.2,
subd. (a)), a felony. The trial court suspended imposition of
sentence and placed him on probation for 36 months.
violated his probation conditions. The trial court revoked
probation and sentenced Garcia to serve two years in state
March 30, 2016, Garcia was released from prison and placed on
April 20, 2017, the Ventura County Probation Agency
petitioned to revoke Garcia's PRCS, alleging, among other
things, that he had “absconded from supervision.”
It also noted that on April 18, 2017, Garcia was sentenced to
a four-year prison term for carjacking in criminal case No.
April 25, 2017, the trial court found Garcia violated his
PRCS conditions. It ordered him to serve 180 days in the
county jail to run consecutively to a four-year prison
sentence for Garcia's carjacking conviction in case No.
the People and we agree that the trial court lacked authority
to impose Garcia's PRCS revocation confinement
consecutive to a ...