People v. Randolph CA4/3

Filed 5/2/16 P. v. Randolph 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G051201

v. (Super. Ct. No. 12HF1889)

WILLIAM SHAWN RANDOLPH, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Vickie Hix, Commissioner. Affirmed in part, reversed in part, and remanded with instructions. Charles R. Khoury, Jr., 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, Charles C. Ragland, Paige B. Hazard and Warren J. Williams Deputy Attorneys General, for Plaintiff and Respondent.

Defendant William Shawn Randolph appeals from an order granting his application for resentencing under Proposition 47. Defendant contends the court erroneously failed to apply his excess custody credits to his parole period and fines, and wrongly refused to reduce his restitution fine. We agree with his first contention but not the second. Thus, we affirm in part, reverse in part and remand for further proceedings. FACTS AND PROCEDURAL HISTORY In 2012, defendant pled guilty to felony possession of methamphetamine (count 1), misdemeanor false representation to a peace officer (count 2), and misdemeanor possession of controlled substance paraphernalia (count 3); and he admitted various prior conviction allegations, including two serious or violent felony “strikes.” The court sentenced him to 32 months in prison on count 1, stayed sentencing (Pen. Code, § 654, all further statutory references are to this code) on counts 2 and 3, awarded him 80 days credit for time served, and ordered him to pay a certain mandatory fines and fees, including a $240 state restitution fine. On December 5, 2014, the court granted defendant’s application for resentencing under section 1170.18, subdivision (a), reduced his felony conviction on count 1 to a misdemeanor, resentenced him to two years in jail on counts 1, 2 and 3 collectively, awarded him 730 days credit for time served (365 actual plus 365 conduct), and placed him on one year of parole pursuant to section 1170.18, subdivision (d). Defendant filed a timely notice of appeal on December 24, 2014. On June 3, 2015, after the notice of appeal was filed, the court issued an order stating: “Request to correct sentencing on Counts 2 and 3 denied. [¶] The counts were not properly stayed pursuant to . . . [s]ection 654 as they are not acts punishable in different ways from Count 1. [¶] . . . Request to correct credits granted. [¶] . . . [¶] The credits, on 12/05/14 should be 746 actual plus 154 good time work time for a total of 900. [¶] . . . Restitution fine remains as imposed. The fines are minimums, not maximums and are statutorily authorized.”