People v. Jasso CA2/6

Filed 3/3/16 P. v. Jasso CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B265981 (Super. Ct. No. 2013006761) Plaintiff and Respondent, (Ventura County)

v.

JUAN JASSO,

Defendant and Appellant.

Juan Jasso 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 affirm. FACTUAL AND PROCEDURAL HISTORY On June 11, 2013, Jasso pleaded guilty to possession of a controlled substance and misdemeanor resisting a police officer. (Health & Saf. Code, § 11377, subd. (a); § 148, subd. (a)(1).) Jasso also admitted suffering a prior serious felony strike conviction in 2009 for robbery. (§§ 211, 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) On August 30, 2013, the trial court granted Jasso's motion to dismiss the strike conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497. The court then sentenced Jasso to a low-term 16-month imprisonment (plus 90 days confinement in

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

county jail for the misdemeanor count), imposed various fines and fees, and awarded him 365 days of presentence custody credit. On October 31, 2013, the California Department of Corrections released Jasso from prison into the postrelease community supervision program ("PRCS") for a period not to exceed three years. (§ 3450 et seq. ["Postrelease Community Supervision Act of 2011"].) In November 2013, Jasso was arrested and reincarcerated for drug- related violations of his community supervision program. In September 2014, Jasso was again arrested and reincarcerated for program violations. On November 10, 2014, Jasso filed a petition to have his sentence recalled and to have his felony conviction reclassified as a misdemeanor, pursuant to section 1170.18. Jasso asserted that he had completed his sentence and was not subject to any misdemeanor parole period according to section 1170.18, subdivision (f). Alternatively, he contended that he was entitled to have his excess custody credits applied against his term of parole as held by In re Sosa (1980) 102 Cal.App.3d 1002, 1005-1006. Following a hearing, the trial court redesignated Jasso's conviction as a misdemeanor and ordered him to serve one year in county jail with credit for time served. By separate order, the court placed Jasso on one-year supervised misdemeanor parole effective December 8, 2014, as authorized by section 1170.18, subdivision (d). Jasso appeals and contends that: 1) the trial court erred by not resentencing him pursuant to section 1170.18, subdivision (f), and 2) he is entitled to credit for time served on PRCS against his one-year misdemeanor parole term. DISCUSSION I. Jasso argues that the trial court erred when it treated his petition for resentencing as one filed pursuant to section 1170.18, subdivision (a), rather than subdivision (f), because he had completed his sentence when he was released from prison on October 31, 2013. In other words, Jasso asserts that PRCS is not part of his former felony "sentence" for purposes of resentencing pursuant to section 1170.18.