People v. Stine CA2/6

Filed 4/7/16 P. v. Stine CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B264877 (Super. Ct. No. 2012002600) Plaintiff and Respondent, (Ventura County)

v.

TYE STINE,

Defendant and Appellant.

Tye Stine 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, subdivisions (a)-(d).1 We affirm. FACTUAL AND PROCEDURAL HISTORY On March 22, 2012, Stine pleaded guilty to possession of a controlled substance, methamphetamine. (Health & Saf. Code, § 11377, subd. (a).) He also admitted suffering a 2007 serious felony strike conviction for burglary, and serving a prior prison term. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b).) The trial court dismissed the felony strike conviction pursuant to section 1385, subdivision (a), and People v. Superior Court (Romero) (1996) 13 Cal.4th 497. It then suspended

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

imposition of sentence and placed Stine on 36 months formal probation with terms and conditions, including 270 days of confinement in county jail. On September 13, 2012, Stine admitted violating the terms of his probation by using controlled substances, failing to drug-test, and failing to report to his probation officer. The trial court revoked and then reinstated probation with the condition that Stine serve an additional 90 days confinement in county jail. On January 31, 2013, Stine admitted violating the terms of his probation again by using controlled substances and failing to drug-test, among other violations. The trial court revoked Stine's probation and sentenced him to a prison term of two years four months, including one year for the prior prison term finding. The court imposed a $300 restitution fine, a $300 parole revocation restitution fine (suspended), a $40 court security assessment, and a $30 criminal conviction assessment, and awarded Stine 272 days of custody credit. (§§ 1202.4, subd. (b), 1202.45, 1465.8, subd. (a); Gov. Code, § 70373.) On November 12, 2013, the California Department of Corrections released Stine 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"].) During the ensuing 18 months, Stine frequently violated the terms of his program. On March 9, 2015, Stine filed a petition to have his sentence recalled and to have his felony conviction reclassified as a misdemeanor, pursuant to section 1170.18. Stine 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 any 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 Stine's conviction as a misdemeanor and ordered him to serve one year in county jail with credit for time served. The court