People v. Dilworth CA4/3

Filed 8/26/16 P. v. Dilworth 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G051552

v. (Super. Ct. No. 12HF1926)

CHARLES JAMESON DILWORTH, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Christopher Evans, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Reversed and remanded. Request for judicial notice. Granted. Thea Greenhalgh, 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 and Elizabeth M. Kuchar, Deputy Attorneys General, for Plaintiff and Respondent. * * *

INTRODUCTION The trial court reduced defendant Charles Jameson Dilworth’s felony conviction for possession of a controlled substance to a misdemeanor. Pursuant to Penal Code section 1170.18, subdivision (a), the trial court imposed a one-year parole term. Because defendant was discharged from postrelease community supervision (PRCS) on the day he filed his petition to reduce his felony conviction, he had completed his sentence and should have been resentenced without imposition of a parole term pursuant to Penal Code section 1170.18, subdivision (f). We reverse the trial court’s postjudgment order and remand for resentencing.

STATEMENT OF FACTS AND PROCEDURAL HISTORY Defendant was charged in an information with one felony count of possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)), and one misdemeanor count of possession of controlled substance paraphernalia (id., § 11364.1, subd. (a)). The information also alleged a prior serious and violent felony conviction. (Pen. Code, §§ 667, subds. (d), (e)(1), 1170.12, subds. (b), (c)(1).) Defendant pled guilty to both counts, and admitted the prior conviction allegation. The prosecution moved to strike the prior conviction, and the trial court exercised its discretion in granting the motion. The court placed defendant on three years’ formal probation. Defendant admitted violating his probation, and the trial court found him in violation and terminated his probation. The court then sentenced defendant to 16 months in state prison. In September 2013, defendant was released to PRCS for a period of three years.1