People v. Elizalde

Filed 12/19/16

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B267479 (Super. Ct. No. 2011020153) Plaintiff and Respondent, (Ventura County)

v.

MARINA ELIZALDE,

Defendant and Appellant.

At a post-conviction hearing, the trial court considered two issues: whether defendant violated the terms of her postrelease community supervision (“PRCS”)(Pen. Code § 3450, et seq.1) and whether she was entitled to relief pursuant to Proposition 47. The trial court found defendant violated the terms of her PRCS and ordered her to serve 120 days in custody. It then immediately granted her petition for Proposition 47 relief under section 1170.18. The effect of the court‟s inconsistent rulings was to give and take away at the same time. This rendered the

All statutory references are to the Penal Code unless 1

otherwise stated.

court‟s order that defendant serve time in custody a nullity. Defendant served her time in custody rendering this appeal moot. Because this is a matter of interest to defendants, practitioners of criminal law, and the public, we discuss the issue. We dismiss the appeal as moot. FACTS In 2011, Marina Elizalde was convicted of forgery (§ 475, subd. (b)) and possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)). She was sentenced to 16 months in prison. In 2012, she was released on PRCS. In 2015, the Ventura County Probation Agency filed a petition to revoke Elizalde‟s PRCS. On the same date, Elizalde filed a petition to have her convictions declared misdemeanors pursuant to Proposition 47. The trial court held a hearing on both petitions. At the hearing, Elizalde requested that the trial court consider her Proposition 47 petition before the petition to revoke her PRCS. The court denied the request. Elizalde submitted the matter of her PRCS revocation on the facts alleged in the petition. The trial court found her in violation and ordered her to serve 120 days in county jail with 46 days total credit. Immediately thereafter at the same hearing, the trial court granted Elizalde‟s Proposition 47 petition, redesignated her convictions as misdemeanors and ordered her to be on misdemeanor parole for one year.