People v. Taylor CA2/6

Filed 4/20/23 P. v. Taylor CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 specifie d 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B319887 (Super. Ct. No. F485023) Plaintiff and Respondent, (San Luis Obispo County)

v.

GARRETT JOHN TAYLOR,

Defendant and Appellant.

Here we hold that a period of mandatory supervision under Penal Code1 section 1170, subdivision (h)(5)(B), does not entitle a defendant to have his felony convictions reduced to misdemeanors under section 17, subdivision (b). We therefore conclude that Garrett John Taylor, who was sentenced to a term in county jail followed by a period of mandatory supervision is not entitled to have his felony convictions reduced to misdemeanors under section 17, subdivision (b).

All further references are to the Penal Code unless 1

otherwise indicated.

We affirm the trial court’s order denying Taylor’s petition under section 17, subdivision (b). FACTS Taylor was convicted by a jury of vehicular manslaughter (§ 191.5, subd. (b)) and unlawful driving or taking of a vehicle. (Veh. Code § 10851, subd. (a).) Both offenses are “wobblers,” punishable as a felony or a misdemeanor. The trial court denied probation and sentenced Taylor to a split sentence under section 1170, subdivision (h)(5)(B): two and a half years in county jail and one and a half years of mandatory supervision. Imprisonment in the county jail pursuant to section 1170, subdivision (h), makes the offenses felonies. (§ 17, subd. (a).) After Taylor served his sentence, he moved to have his felony convictions reduced to misdemeanors under section 17, subdivision (b). The trial court denied the motion because it had no statutory authority to reduce his sentence. DISCUSSION Section 17, subdivision (b), provides in part: “When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances: ¶ (1) After a judgment imposing a punishment other than imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170 [¶. . . ¶] ¶ (3) When the court grants probation to a defendant and at the time of granting probation, or on application of the defendant or