Espinoza

Filed 5/27/14

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B251596 (Super. Ct. No. CR40341A) Plaintiff and Respondent, (Ventura County)

v.

JOSE SERRANO ESPINOZA,

Defendant and Appellant.

Sixty year old Jose Serrano Espinoza, a career criminal, appeals from an order requiring post-release community supervision (hereafter PRCS, Pen. Code § 3451, subd. 1 (a).) He was originally sentenced in 1999 as a Three Striker to 25 years to life. He was "realigned," sentenced to seven years four months state prison and was awarded credit for 5,690 days served. (§ 1170.126.) Although appellant's custody credits exceed the new sentence, sections 3451 and 1170, subdivision (h)(6) require that persons sentenced on or after October 1, 2011, participate in PRCS. We affirm the judgment. We adhere to the plain and unambiguous language of the Penal Code. We reject the argument that PRCS is an ex post facto law, or violates appellant's equal protection or due process rights. In 1999 appellant was convicted of…