People v. Clausen CA4/3

Filed 1/13/16 P. v. Clausen 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G051299

v. (Super. Ct. No. 13WF3215)

SCOTT ALLAN CLAUSEN, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Christopher Evans, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed as modified. James R. Bostwick, Jr., 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, Barry Carlton and Seth M. Friedman, Deputy Attorneys General, for Plaintiff and Respondent. * * *

I. Introduction Defendant Scott Allan Clausen appeals from a postjudgment order granting his application under Penal Code section 1170.18 to recall the sentence on his felony conviction and to have the felony redesignated as a misdemeanor. The trial court granted the application under section 1170.18, subdivision (a) (section 1170.18(a)), redesignated Clausen’s felony conviction to a misdemeanor, resentenced Clausen to a term of 365 days, and ordered one year of parole under section 1170.18, subdivision (d) 1 (section 1170.18(d)). Clausen’s only contention on appeal is that the trial court erred by not ordering his one year of parole under section 1170.18(d) to commence at the time of his felony sentencing in October 2014. We agree. We conclude the phrase “completion of his or her sentence” in section 1170.18(d) refers to the completion of the period of incarceration imposed when the trial court resentences a defendant pursuant to Penal Code section 1170.18, subdivision (b). In this case, Clausen had completed his 365-day misdemeanor sentence by the date of the original felony sentencing, which was about three months before his misdemeanor resentencing. We therefore affirm the order as modified to reflect that parole commenced on the date of felony sentencing.