People v. Knotts CA3

I. BACKGROUND

Defendant pled no contest to grossly negligent discharge of a firearm (Pen. Code, § 246.3, subd. (a))1 and making criminal threats (§ 422). The trial court imposed a lower term sentence of 16 months in prison for grossly negligent discharge of a firearm plus eight months in prison for making criminal threats. After sentencing defendant, the trial court stated: “At some point in time before the end of your term, you will be released on parole. Parole will last for 3 years. Unless you violate, then it gets extended to 4. Parole will advise you of the actual term you will have on parole.” The minute order from the sentencing hearing states, as relevant here, “Parole Advisement given.” Defendant filed a timely notice appealing from the judgment.

II. DISCUSSION

Defendant contends the trial court misadvised him about the length of his upcoming parole term. The People contend that the court did not necessarily misadvise defendant because the law is ambiguous. The People further argue that, whether the court got the length of the parole term wrong or not, it lacked the authority to set the length of defendant’s parole term. We agree with this last contention. Because the…