People v. Lazcano CA4/3

Filed 12/2/15 P. v. Lazcano 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G051295

v. (Super. Ct. No. 13CF1721)

PEDRO LUIS LAZCANO, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Christopher Evans, Commissioner. Dismissed. Elizabeth Garfinkle, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Marvin E. Mizell, Deputy Attorneys General, for Plaintiff and Respondent. * * *

INTRODUCTION Defendant Pedro Luis Lazcano appeals from an order granting his motion to recall his felony conviction and reduce it to a misdemeanor. While the matter was on appeal, the trial court entered a further order correcting defendant’s sentence, which granted defendant all the relief he sought by means of this appeal. Therefore, we will dismiss the appeal.

STATEMENT OF FACTS AND PROCEDURAL HISTORY Defendant pled guilty to one felony count of possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and one misdemeanor count of possession of burglary tools (Pen. Code, § 466). Defendant also admitted one strike prior (Pen. Code, §§ 667, subd. (d) & (e)(1), 1170.12, subds. (b) & (c)(1)), and three prison priors (Pen. Code, § 667.5, subd. (b)). At sentencing, the trial court struck the strike prior (Pen. Code, § 1385, subd. (c)) and the prison priors for sentencing purposes only. The court suspended imposition of sentence on the misdemeanor count of possession of burglary tools, and sentenced defendant to two years in prison on the felony controlled substance count. Defendant was awarded a total of 504 credit days. The court imposed a restitution fine of $280 pursuant to Penal Code section 1202.4, and a postrelease community supervision (PRCS) revocation restitution fine pursuant to Penal Code section 1202.45. Defendant was released on PRCS. Less than two months later, defendant was arrested. Defendant was found to be in violation of his PRCS and was committed for 120 days in jail, with total credits of 98 days. Two months after his release, a warrant was issued for defendant’s arrest for failure to report. Defendant filed a petition to recall his felony conviction and reduce it to a misdemeanor, pursuant to Penal Code section 1170.18, subdivision (f), or to recall the