People v. Rood CA2/6

Filed 1/26/16 P. v. Rood CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B264796 (Super. Ct. No. 2007006861) Plaintiff and Respondent, (Ventura County)

v.

JAMES ROOD,

Defendant and Appellant.

James Rood appeals the trial court’s order resentencing him under Proposition 47, the Safe Neighborhoods and Schools Act ("the Act"), and placing him on six months supervised parole. (Pen. Code, § 1170.18.)1 Rood contends the period of parole violates section 1170.18, subdivision (e) by extending his term of supervised release. We affirm. BACKGROUND Rood served a prison term for felony possession of methamphetamine after the court revoked formal probation. (Health & Saf. Code, § 11377, subd. (a).) He was released from prison in 2009 and placed on parole. (§ 3000.08.) Following realignment, he was placed on postrelease community supervision. (§§ 3000.08, subd. (b), 3450

1 All statutory references are to the Penal Code unless otherwise stated. 1

(supervised release).) The details of this transition are not included in the record and are immaterial to the issue presented. After a series of revocations, Rood’s supervised release was scheduled to end April 17, 2015. Four months before that date, Rood filed a petition to recall his sentence and to be resentenced to a misdemeanor under the Act. Rood was in custody for violating the terms of his supervised release. On December 18, 2014, the trial court granted Rood’s petition, reduced his offense to a misdemeanor, and sentenced him to time served.2 It also placed him on six months of parole, scheduled to run from the date of the resentencing order. (§§ 1170.18, subd. (d), 3000.08.) Following resentencing, Rood violated the terms of his parole and suffered flash incarcerations. (§ 3000.08. subds. (d) and (e).)3 On April 10, 2015, the court revoked and reinstated his parole. It denied Rood’s motion to dismiss the underlying revocation petition, in which Rood argued that his Proposition 47 parole term unlawfully exceeded his original maximum term of supervised release. DISCUSSION In 2014, the voters enacted Proposition 47, which reclassifies certain crimes from felonies to misdemeanors. An eligible defendant who is serving a felony sentence may petition for recall of his or her sentence and resentencing under the Act. (§ 1170.18, subd. (a).) The trial court must place a successful petitioner on one year of misdemeanor probation following completion of a new sentence, unless the court in its discretion releases the petitioner from parole: "A person who is resentenced . . . shall be given credit for time served and shall be subject to parole for one year following completion of his or her sentence, unless the court, in its discretion . . . releases the person from parole.