People v. Wilcox CA4/3

Filed 6/21/16 P. v. Wilcox 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G051399 Plaintiff and Respondent, (Super. Ct. No. 10NF3387) v. OPINION CHARLES HAROLD WILCOX,

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Vickie L. Hix, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Request for judicial notice. Granted. Motion to Dismiss Appeal. Denied. Kenneth H. Nordin, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Arlene A. Sevidal, Andrew Mestman, and Amanda E. Casillas, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Charles Harold Wilcox appeals from a Proposition 47 resentencing order. He argues the trial court erred in sentencing him to one year of parole under Penal Code section 1170.18, subdivision (d), (all further undesignated statutory references are to this code unless otherwise indicated) because he already completed his felony prison sentence. The parties agree Wilcox has now been discharged from parole so we need not address this issue. Wilcox also asks the court to reduce his restitution fine (§ 1202.4, subd. (b)) to the minimum amount applicable to misdemeanor convictions. Wilcox forfeited this issue by not objecting to the court’s order, and in any event, the trial court did not err in imposing the fine. I FACTUAL AND PROCEDURAL BACKGROUND In November 2010, Wilcox pleaded guilty to felony possession of methamphetamine (Health & Saf. Code, 11377, subd. (a)), misdemeanor possession of drug paraphernalia (Health & Saf. Code, 11364.1, subd. (a)), and misdemeanor possession of a hypodermic needle or syringe (Bus. & Prof. Code, 4140). He also admitted previous felony convictions (Pen. Code, § 667.5, subd. (b)). Because Wilcox was eligible for probation and treatment under Proposition 36 (Pen. Code, § 1210), the court suspended imposition of judgment and placed Wilcox on probation for three years. The court awarded Wilcox credit for two days served in custody, and also ordered him to pay a restitution fine (§ 1202.4, subd. (b)) of $200 and various fees. Wilcox violated probation on several occasions. In August 2011, the court terminated him from drug treatment and probation, sentenced him to a mid-term prison sentence of two years for felony possession of methamphetamine, and stayed sentence on the misdemeanors pending successful completion of the felony sentence. The court struck punishment for the prior convictions, ordered Wilcox to pay the $200 restitution fine it had imposed in November 2010, and credited Wilcox with 21 days of custody credit and 21 days of conduct credit.