People v. Arnold CA2/6

Filed 6/6/16 P. v. Arnold CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B268183 (Super. Ct. No. 2013034174) Plaintiff and Respondent, (Ventura County)

v.

JON CARL ARNOLD,

Defendant and Appellant.

Jon Carl Arnold appeals an order denying him credit against his supervised one-year misdemeanor parole, imposed pursuant to Penal Code section 1170.18, subdivisions (d).1 We affirm. FACTUAL AND PROCEDURAL HISTORY On May 16, 2014, Arnold pleaded guilty to possession of a controlled substance, heroin. (Health & Saf. Code, § 11350, subd. (a).) He also admitted suffering a 1982 serious felony strike conviction for burglary, and serving five prior prison terms. (§§ 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 sentenced Arnold to four years in prison. The court also imposed a $50

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

laboratory analysis fee, a $150 drug program fee, a $300 restitution fine, a $300 parole revocation restitution fine (suspended), a $40 court security assessment, and a $30 criminal conviction assessment. (Health & Saf. Code, §§ 11372.5, subd. (a), 11372.7, subd. (a); §§ 1202.4, subd. (b), 1202.45, 1465.8, subd. (a); Gov. Code, § 70373.) The court awarded Arnold 153 days of presentence custody credit. On November 5, 2014, Arnold filed a petition to have his sentence recalled and to have his felony conviction reclassified as a misdemeanor, pursuant to section 1170.18. On December 8, 2014, the trial court redesignated Arnold's conviction as a misdemeanor and ordered him to serve 365 days in county jail with credit for time served. The court also placed Arnold on one-year supervised misdemeanor parole as authorized by section 1170.18, subdivision (d). On May 1, 2015, the trial court found that Arnold had violated the terms of his parole. The court then ordered him to serve 130 days in county jail. On September 13, 2015, Arnold was arrested pursuant to a warrant. At a hearing held the following day, 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. The court denied Arnold's motion. Arnold appeals and contends that he is entitled to credit against his one- year misdemeanor parole term for time served in custody pursuant to section 2900.5, subdivision (c) and In re Sosa, supra, 102 Cal.App.3d 1002, 1005-1006. DISCUSSION On November 4, 2014, the voters enacted Proposition 47, the Safe Neighborhoods and Schools Act, which became effective the following day. (People v. Rivera (2015) 233 Cal.App.4th 1085, 1089.) Proposition 47 added section 1170.18 to the Penal Code. Subdivision (a) of section 1170.18 permits a person who is "currently serving a sentence for a conviction . . . of a felony or felonies who would have been guilty of a misdemeanor under [Proposition 47] . . . [to] petition for a recall of sentence . . . [and] to request resentencing." If the person satisfies the