People v. O'Brien CA4/3

Filed 10/26/15 P. v. O’Brien 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G051240

v. (Super. Ct. No. 12HF0225)

TIMOTHY ERIC O’BRIEN, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Christopher Evans, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Appeal dismissed. Barbara A. Smith, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Arlene A. Sevidal and Amanda E. Casillas, Deputy Attorneys General, for Plaintiff and Respondent. * * *

In February 2012, defendant Timothy Eric O’Brien entered into a plea bargain, admitting felony possession of methamphetamine. The sentence was suspended and defendant was placed on probation for three years. Defendant understood that if he violated probation, he could be sentenced to up to seven years in prison followed by parole or three years postrelease community supervision (PRCS). In March 2013, after probation violations, defendant was sentenced to prison for two years. After his release, he served additional time in jail for further violations. On December 23, 2014, the prosecution filed a petition to revoke defendant’s PRCS because he had failed to report to probation and had been arrested again for possession of a controlled substance. As of December 30, defendant was in custody. On the same date, defendant filed a petition to have his February 2012 felony conviction for possession of methamphetamine reduced to a misdemeanor under Penal Code section 1170.18, the statute implementing voter-approved Proposition 47 (Gen. Elec. (Nov. 4, 2014).1 The petition alleged defendant had completed his sentence and requested reduction under section 1170.18, subdivision (f), or alternatively, subdivision (a).2 The trial court heard the application on the same day. The court determined defendant was not eligible for relief under subdivision (f) and granted the petition under subdivision (a) to redesignate the felony as a misdemeanor. The court ordered defendant