P. v. .Truong CA4/3

Filed 9/2/16 P. v .Truong 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G051305

v. (Super. Ct. No. 11WF0713)

MY HOANG THI TRUONG, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Christopher J. Evans, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed and remanded with directions. Richard Schwartzberg, 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 Marvin E. Mizell, Deputy Attorneys General, for Plaintiff and Respondent.

My Hoang Thi Truong appeals from the trial court’s postjudgment order granting her petition to recall her sentence and reduce her receiving stolen property and drug possession convictions to misdemeanors. Truong argues the trial court erred by imposing one year of parole and the court was required to apply any excess custody credits to reduce her parole period. After briefing was complete, the California Supreme Court filed its opinion in People v. Morales (2016) 63 Cal.4th 399 (Morales). We ordered the parties to file supplemental letter briefs on the effect of Morales on this case. They have done so. Neither of Truong’s contentions have merit. We affirm the postjudgment order and remand the matter with directions. FACTS In April 2011, Truong pleaded guilty to four counts of receiving stolen property (Pen. Code, § 496, subd. (a)), and possession of a controlled substance, methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and admitted she served two prior prison terms (Pen. Code, § 667.5, subd. (b), all further statutory references are to the Penal Code). The factual basis for the plea was “[she] willfully and unlawfully possessed/received stolen property, knowing it was stolen, and possessed a usable quantity of methamphetamine.” Pursuant to the plea agreement, the trial court sentenced Truong to two years in prison. In 2013, Truong was released on postrelease community supervision (PRCS). On November 4, 2014, the voters enacted Proposition 47, the Safe Neighborhoods and Schools Act (the Act), which became effective the following day. (See § 1170.18.) In January 2015, Truong filed an application to have her receiving stolen property and drug possession convictions designated as misdemeanors (§ 1170.18). The trial court granted the petition under section 1170.18, subdivision (a), recalled the felony sentences on her convictions, and designated them as misdemeanors. The court