People v. Fischer CA4/3

Filed 10/22/13 P. v. Fischer CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G048339

v. (Super. Ct. No. 03NF2838)

JOSEPH ALAN FISCHER, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County,

Gregg L. Prickett, Judge. Reversed and remanded. John F. Schuck, under appointment by the Court of Appeal, for Defendant

and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, William M. Wood and

Marvin E. Mizell, Deputy Attorneys General, for Plaintiff and Respondent. * * *

In 2007, we affirmed Joseph Alan Fischer‟s convictions for robbery and other crimes. (People v. Fischer (Dec. 20, 2007, G036972) [nonpub. opn.].) We rejected claims the prosecutor committed prejudicial misconduct, and that Fischer‟s 12-year prison sentence constituted cruel or unusual punishment. In March 2013, Fisher filed a motion from prison in propria persona seeking additional presentence custody credits. The trial court denied the motion because the proof of service was allegedly defective, and because Fischer was “apparently” not entitled to the extra credits. For the reasons expressed below, we reverse and remand for further proceedings.