People v. Gonzales CA4/3

Filed 6/24/16 P. v. Gonzales 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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). The opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G051432

v. (Super. Ct. No. 08NF1756)

DAVID ALAN GONZALES, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Christopher Evans, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. James M. Crawford, 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 and Warren J. Williams, Deputy Attorneys General, for Plaintiff and Respondent. * * *

David Alan Gonzales appeals from a Proposition 47 resentencing order. He contends 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 had completed his felony prison sentence. He also argues the trial court erred in failing to apply his excess custody credits to reduce his parole term, as well as his fines and fees. Finally, he argues the court erred by ordering him to register as a narcotics offender (Health & Saf. Code, § 11590.) Gonzales has now been discharged from parole and his fines have been deemed paid so we need not address these issues. The record does not support Gonzales’s claim the court ordered him to register as narcotics offender. Accordingly, we affirm. I FACTUAL AND PROCEDURAL BACKGROUND In September 2008, Gonzales pleaded guilty to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and three misdemeanors (§ 148, subd. (a)(1) [resisting arrest]; Health & Saf. Code, § 11364 [possession of drug paraphernalia]; Veh. Code, § 12500 [driving without a license].) He admitted suffering a prior serious felony conviction for residential burglary in 2005 (§§ 459, 460 subd. (a)) within the meaning of the Three Strikes law (§ 667, subd. (d)), and three convictions within the meaning of section 667.5, subdivision (b). In November 2008, the court suspended a prison term and placed Gonzales on probation. Gonzales violated the terms of his probation on several occasions, and the court ultimately imposed a five-year prison term in November 2010. In December 2014 and January 2015, Gonzales filed applications to reduce his methamphetamine conviction to a misdemeanor, alleging he had completed his sentence (§ 1170.18, subd. (f)). Alternatively, he petitioned the court to recall his felony conviction, reduce his conviction to a misdemeanor, and resentence him. At a hearing on January 5, 2015, defense counsel acknowledged Gonzales was currently on postrelease