People v. Moore CA4/3

Filed 3/4/16 P. v. Moore 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G051505

v. (Super. Ct. No. 10WF0769)

MARK DAMON MOORE, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Christopher Evans, Commissioner. Reversed and remanded with directions. John L. Dodd, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Barry Carlton and Karl T. Terp, Deputy Attorneys General, for Plaintiff and Respondent.

Pursuant to Proposition 47, the trial court placed appellant Mark Damon Moore on one year of parole after reducing his felony drug conviction to a misdemeanor. Appellant does not contest the imposition of parole in and of itself, but he does assert the trial court erred in failing to apply his excess custody credits toward his parole period and eligible sentencing fines. We agree. Therefore, we reverse the trial court’s order and remand the matter for further proceedings. FACTUAL AND PROCEDURAL BACKROUND In 2010, appellant pleaded guilty to felony drug possession and possessing drug paraphernalia, a misdemeanor. (Health & Saf. Code, § 11350, subd. (a); Bus. & Prof. Code, § 4140.) As part of the plea bargain, the trial court dismissed two prior strike allegations and four prior prison term enhancements. (Pen. Code, §§ 667, subds. (d)- (e)(2), 1170.12, subds. (b)-(c)(2), 667.5, subd. (b).)1 The court also placed appellant on three years’ probation subject to various terms and conditions, including that he spend a year in jail or a community-based drug treatment facility. Four months later, in March 2011, the trial court revoked appellant’s probation because he absconded from his drug treatment program. The court sentenced appellant to two years in prison on the felony count, plus a concurrent term of six months for his misdemeanor offense. Appellant completed his prison sentence and was released on postrelease community supervision (PRCS), a form of parole. In late 2014, while still on PRCS, he filed a petition for resentencing under section 1170.18, which was added to the Penal Code pursuant to Proposition 47. Although the prosecution did not object to resentencing, it did ask that appellant be placed on parole. Appellant opposed further supervision given he had already served his underlying prison sentence. However, after reducing appellant’s felony conviction to a misdemeanor and resentencing him to 365