People v. Morgan CA4/3

Filed 12/8/15 P. v. Morgan 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G051397

v. (Super. Ct. No. 12CF3000)

WILLIAM BRANDON MORGAN, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Christopher Evans, Commissioner. Affirmed in part, reversed in part and remanded. Theresa Osterman Stevenson, 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, Randall D. Einhorn and Peter Quon, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

William Brandon Morgan appeals an order granting his petition for resentencing under Proposition 47. Although he approves of the trial court’s reduction of his felony convictions to misdemeanors, he contends the court erred in subjecting him to a period of parole. We disagree. However, we do agree with appellant that his excess custody credits should be counted toward his parole period and his eligible fines. Therefore, we affirm in part, reverse in part and remand the matter for further proceedings. FACTUAL AND PROCEDURAL BACKGROUND In October 2012, appellant stole a can of beer from a grocery store. He was charged in a felony complaint with one count of second degree burglary and one count of petty theft with a prior. (Pen. Code, §§ 459, 460, subd. (b), 666, subd. (a), 484, subd. (a), 488.)1 The complaint further alleged appellant had suffered multiple prior convictions, including a prior strike conviction, and served two prior prison terms. (§§ 667, subds. (d)-(e)(2), 1170.12, subds. (b)-(c)(2), 667.5, subd. (b).) Appellant waived his right to trial and pleaded guilty to or admitted all the charges. After striking appellant’s prior strike conviction and his prison priors, the court sentenced him to two years in prison. The court also ordered appellant to complete a three-year term of postrelease community supervision (PRCS) upon his release from prison. Following the passage of Proposition 47 in the fall of 2014, appellant petitioned the trial court to reduce his felony convictions to misdemeanors and resentence him. (See § 1170.18, which was added to the Penal Code pursuant to Prop. 47.) The trial court granted the petition and imposed a one-year jail term that it deemed served by virtue of appellant’s prison sentence. Over appellant’s objection, the court also ordered him to serve one year on parole.