People v. Turner CA4/3

Filed 3/21/16 P. v. Turner 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G051422

v. (Super. Ct. No. 11CF0985)

DONALD LOREN TURNER, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Christopher Evans, Commissioner. Affirmed in part, reversed in part and remanded with directions. Theresa Osterman Stevenson, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Barry Carlton and Seth M. Friedman, Deputy Attorneys General, for Plaintiff and Respondent.

Donald Loren Turner appeals from an order granting his petition for resentencing under Proposition 47. Although he approves of the trial court’s reduction of his felony conviction to a misdemeanor, he contends the court erred in subjecting him to a period of parole. We disagree. However, we do agree with appellant that his excess custody credits should be counted toward his parole period and applicable fines and that he is not required to register as a narcotics offender. Therefore, we affirm in part, reverse in part and remand for further proceedings. FACTUAL AND PROCEDURAL BACKGROUND In May 2011, appellant pleaded guilty to felony drug possession and admitted having served two prior prison terms. (Health & Saf. Code, §§ 11377, subd. (a); Pen. Code, § 667.5, subd. (b).)1 As part of the plea agreement, the trial court suspended imposition of sentence and placed appellant on three years’ probation. However, four months later, the court terminated appellant’s probation based on his failure to enroll in a drug treatment program and sentenced him to 16 months in prison. At that time, the trial court also ordered appellant to pay certain fines and fees and to register as a narcotics offender. Following his release from prison in 2012, appellant was placed on postrelease community supervision (PRCS). In late 2014, he petitioned the trial court to have his felony conviction reduced to a misdemeanor under section 1170.18, which was added to the Penal Code pursuant to Proposition 47. Although the prosecution did not object to this request, it did ask that appellant be placed on parole in light of his “very long record” of absconding and violating the terms of his probation and parole. Appellant opposed further supervision given he had already served his underlying prison sentence. Because his custody credits exceeded both the maximum