People v. Sisounthone CA3

Filed 11/14/24 P. v. Sisounthone CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C100370

Plaintiff and Respondent, (Super. Ct. No. 12F00885)

v.

VANNA SISOUNTHONE,

Defendant and Appellant.

Defendant Vanna Sisounthone appeals from the judgment imposed after resentencing, in which the trial court advised that he would be subject to parole under Penal Code1 section 3000 when released from prison. Sisounthone claims the trial court’s advisement should be “clarified” to reflect a period of parole supervision of two years, pursuant to section 3000.01. We will affirm the judgment.

1 Undesignated statutory references are to the Penal Code.

1

BACKGROUND2 Sisounthone robbed three convenience stores while wearing a clown mask. (People v. Sisounthone, supra, C077702.) A jury found him guilty of multiple counts of robbery and other felonies and found true numerous firearm enhancements. In bifurcated proceedings, the trial court found true the allegation that Sisounthone sustained a prior strike conviction (§ 667, subd. (a)), a serious felony conviction (§§ 667, subds. (b)-(i), 1170.12), and served two prior prison terms (§ 667.5, subd. (b)). The trial court sentenced Sisounthone to a term of 58 years four months, which included one year on each of the two prior prison term enhancements. The trial court also advised: “In addition to the sentence just imposed, a period of parole or post-release community supervision [(PRCS)] will commence upon your release from state prison unless the parole authorities waive parole and discharge you from custody. The period will not exceed three years unless parole is suspended and you -- or PRCS and you’re returned to custody for a violation of your parole or PRCS. Maximum period of retention should not exceed four years.” Sisounthone appealed the judgment. On appeal, we modified the judgment to strike one of the prior prison term enhancements, and as modified, affirmed the judgment. (People v. Sisounthone, supra, C077702.) In 2023, the trial court received a list from the Department of Corrections and Rehabilitation identifying Sisounthone as a person eligible for resentencing under section 1172.75, subdivision (c)(2), which rendered Sisounthone’s prior prison enhancements invalid. The trial court struck the remaining one-year prison prior enhancement, reduced Sisounthone’s sentence on one robbery count from the upper term to the midterm,