People v. Burgins CA4/3

Filed 4/6/16 P. v. Burgins 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G051752

v. (Super. Ct. No. 13WF1940)

STEVEN LEE BURGINS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Vickie Hix, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed in part, reversed in part and remanded with directions. Richard Power, 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, A. Natasha Cortina and Christine Levingston Bergman, Deputy Attorneys General, for Plaintiff and Respondent. * * *

In this Proposition 47 case, defendant Steven Lee Burgins contends the court erred by failing to count his excess custody credits against the one-year parole 1 period the court imposed pursuant to Penal Code section 1170.18, subdivision (d). We agree the court erred by failing to credit defendant’s excess custody credits against his parole time. Accordingly, we remand this matter to the trial court for a recalculation of defendant’s parole period. Furthermore, because we agree with the parties that defendant is no longer required to register as a drug offender under Health and Safety Code section 11590, we strike the court’s registration order.

FACTS AND PROCEDURAL HISTORY