People v. Jones CA2/6

Filed 2/25/16 P. v. Jones CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B262590 (Super. Ct. No. 2012016443) Plaintiff and Respondent, (Ventura County)

v.

NICHOLAS TAYLOR JONES,

Defendant and Appellant.

Nicholas Taylor Jones appeals an order recalling his felony sentence, resentencing him to a misdemeanor sentence, and placing him on supervised misdemeanor parole for one year, pursuant to Penal Code section 1170.18.1 We direct the trial court to modify the judgment to reflect the satisfaction of fines and fees, including the restitution fine, but otherwise affirm. FACTUAL AND PROCEDURAL HISTORY On September 25, 2012, Jones pleaded guilty to felony possession of a controlled substance in accordance with a negotiated plea. (Health & Saf. Code, § 11350, subd. (a).) He also admitted that he suffered a prior felony strike conviction and served two prior prison terms. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b).) At sentencing, the trial court dismissed the strike conviction and the two prior prison term allegations in the interest of justice. (§ 1385, subd. (a).) The court then sentenced Jones

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

to a low-term 16 months in prison; imposed a $240 restitution fine, a $240 parole revocation restitution fine (stayed), a $40 court security assessment, a $30 criminal conviction assessment, and various drug and laboratory fees; and awarded Jones 344 days of presentence custody credit. (§§ 1202.4, subd. (b), 1202.45, 1465.8, subd. (a); Gov. Code, § 70373.) On January 3, 2013, the California Department of Corrections released Jones from prison into the postrelease community supervision program ("PRCS") for three years. (§ 3450 et seq. ["Postrelease Community Supervision Act of 2011"].) At times during the community supervision period, Jones was arrested and sometimes incarcerated for drug-related violations of his supervised program. On February 4, 2015, Jones filed a petition to have his sentence recalled and to have his felony conviction reclassified as a misdemeanor, pursuant to section 1170.18. Following a hearing, the trial court redesignated Jones's conviction as a misdemeanor and ordered him to serve one year in county jail with credit for time served. (By then, Jones had 1,213 days of custody credit.) The court also placed Jones on supervised parole for one year pursuant to section 1170.18, subdivision (d). It rejected Jones's assertion that he was entitled to have his excess custody credits applied against his term of misdemeanor parole as held by In re Sosa (1980) 102 Cal.App.3d 1002, 1005- 1006. (Ibid. [presentence custody credits in excess of a prisoner's term of imprisonment reduce the prisoner's time on parole].) The court did order, however, that "[a]ny outstanding financial balances in this case will be deemed satisfied by the excess credits." The fines and fees imposed amounted to $1,055, including a $150 restitution fine. (§ 1202.4, subd. (b).) Jones appeals and contends that he is entitled to application of his excess custody credits to his one-year parole term as well as to his eligible fines and fees. DISCUSSION I. Jones asserts that section 2900.5, subdivision (c), In re Sosa, supra, 102 Cal.App.3d 1002, 1005-1006, and the federal and state constitutional commands of equal