People v. Mendoza CA4/3

Filed 9/21/16 P. v. Mendoza 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G051570

v. (Super. Ct. No. 13CF0146)

ESTIVALLIS MENDOZA, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Vickie Hix, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. 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, Eric A. Swenson and Lynne G. McGinnis, Deputy Attorneys General, for Plaintiff and Respondent. * * *

INTRODUCTION Defendant Estivallis Mendoza appeals from an order granting her petition for resentencing under Proposition 47, the Safe Neighborhoods and Schools Act (Pen. Code, § 1170.18). (All further statutory references are to the Penal Code, unless otherwise noted.) Defendant had pleaded guilty to one felony count of possession of a controlled substance and was sentenced to a 16-month prison term. Although she agrees with the trial court’s reduction of her felony conviction to a misdemeanor, defendant contends the court erred by ordering her to serve one year on parole. Defendant argues she had already completed her sentence within the meaning of section 1170.18, preventing the trial court from ordering a term of parole. We affirm the order imposing a parole term.

STATEMENT OF FACTS AND PROCEDURAL HISTORY Defendant was charged with felony possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and misdemeanor driving without a valid license (Veh. Code, § 12500, subd. (a)). The felony complaint alleged a juvenile adjudication of a prior serious and violent felony (§§ 667, subds. (d), (e)(1), 1170.12, subds. (b), (c)(1)); and two prior prison terms (§ 667.5, subd. (b)), one of which was for possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)). On the People’s motion, the Vehicle Code violation was dismissed. In January 2013, defendant pled guilty to the Health and Safety Code violation. The trial court exercised its discretion and struck the prior prison term allegations for sentencing purposes only. The court sentenced defendant to 16 months in state prison. Restitution fines in the amount of $280 were imposed, pursuant to sections 1202.4 and 1202.45.