People v. Mestre CA4/3

Filed 6/28/16 P. v. Mestre 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 The opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G051414

v. (Super. Ct. No. 13WF1205)

FRANK JOSEPH MESTRE, 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. Jean Matulis, 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, Arlene A. Sevidal, Andrew Mestman and Elizabeth M. Kuchar, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Frank Joseph Mestre 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. For the reasons expressed below, we affirm. I FACTUAL AND PROCEDURAL BACKGROUND In May 2013, Mestre pleaded guilty to felony possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) committed on April 22, 2013. In September 2013, the trial court imposed a 16-month prison term and also ordered him to pay “a number of fines and fees as directed through the” Department of Corrections and Rehabilitation. The court did not specify the fines and fees on the record. The plea agreement specified a $280 restitution fine, as did the court’s minutes, and the abstract of judgment. In January 2014, authorities released Mestre to postrelease community supervision (PRCS).1 In January 2015, Mestre filed a petition seeking to designate his conviction as a misdemeanor (§ 1170.18, subd. (f)), or to recall his felony conviction, reduce the conviction to a misdemeanor, and resentence him. (§ 1170.18, subd. (a).) At a hearing on January 22, 2015, the trial court granted the recall petition and resentenced Mestre to 365 days in jail with custody and conduct credits of 365 days. The court imposed a one- year parole period over Mestre’s objection he already had served the maximum time permissible on his sentence.