People v. Sisounthone CA3

DISCUSSION

Sisounthone contends this court must clarify the judgment to reflect that his eventual parole period may be two years, not three, pursuant to section 3000.01. The People agree the parole term must be modified. Because the trial court did not set the parole term, but instead merely advised Sisounthone of a possible parole term, we do not find that the judgment must be either modified or “clarified.” Section 3000.01 governs periods of parole for individuals released from prison on or after July 1, 2020, and who are subject to parole supervision by the Department of Corrections and Rehabilitation under section 3000.08. (§ 3000.01, subd. (a), added by Stats. 2020, ch. 29, § 18, eff. Aug. 6, 2020.) It limits, with exceptions not applicable here, the period of parole for an inmate serving a determinate term to two years. (§ 3000.01, subd. (b)(1).) Although the Legislature added section 3000.01, “[it] did not amend the relevant provisions of sections 3000 and 3000.08, which still provide the inmate shall be released on parole for a period of three years. (§ 3000, subd. (b)(2)(B).)” (People v. Tilley (2023) 92 Cal.App.5th 772, 779-780 (Tilley).) When, as here, “the trial court…