People v. Gil CA2/6

Filed 1/26/16 P. v. Gil CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B263574 (Super. Ct. No. VA120910-01) Plaintiff and Respondent, (Ventura County)

v.

MANUEL GIL,

Defendant and Appellant.

Manuel Gil appeals an April 9, 2015 order continuing his Post Release Community Supervision (PRCS) after the court that sentenced him (Los Angeles County Superior Court) granted Proposition 47 relief and found that appellant was no longer 1 subject to PRCS. (Pen. Code, § 1170.18, subd. (g)). We reverse on the ground that the Ventura County Superior Court lacked jurisdiction to reinstate or continue appellant's PRCS. Procedural History In 2011, appellant was sentenced to two years state prison after pleading guilty to receiving stolen property (§ 496, subd. (a)) and possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) in Los Angeles County Superior Court Case Number VA12091001. For sentencing purposes, Los Angeles County was

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

the "committing court." Appellant was also convicted in Orange County (the non- committing court) for second degree burglary and drug and theft offenses. (Orange County Super. Ct. Case No. 11NF0337). On August 2, 2012, the California Department of Corrections and Rehabilitation released appellant from prison and placed him on PRCS for a period not exceeding three years. (§ 3450 et seq.) PRCS supervision was transferred from Los Angeles County to Ventura County where appellant resided. (§§ 3003, subd. (a); 3460, subd. (c).) Ventura County Probation Department became the "receiving" supervising agency for purposes of PRCS supervision. (§ 3460, subd. (a); see Couzens et al., Cal. Practice Guide, Sentencing California Crimes (The Rutter Group 2015) § 11:64, p. 11- 99.) On March 13, 2014, the Ventura County Superior Court issued a bench warrant after appellant violated PRCS. Appellant filed a petition for Proposition 47 relief which was granted by the Los Angeles County Superior Court on March 19, 2014. The Los Angeles County Superior Court found that appellant had "completed" his sentence, and designated the felony conviction as a misdemeanor conviction, and terminated 2 PRCS supervision. (§ 1170.18, subd. (g).) On April 9, 2015, appellant was arraigned in Ventura County on the warrant. Appellant argued that the PRCS warrant was no longer valid because the Los Angeles County Superior Court had granted Proposition 47 relief and recalled the sentence. The Ventura County Superior Court denied appellant's request to terminate PRCS and ordered appellant to report to the Ventura County Probation Department.