Hickman

Filed 6/17/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B260928 (Super. Ct. No. 2007017002) Plaintiff and Respondent, (Ventura County)

v.

JONATHAN HOLLIS HICKMAN,

Defendant and Appellant.

Jonathan Hollis Hickman appeals a Proposition 47 resentencing order entered after he was convicted of possession of methamphetamine and previously 1 sentenced to two years state prison. (Pen. Code, § 1170.18.) The trial court resentenced appellant to one year county jail with credit for time served and ordered supervised parole for one year. (§ 1170.18, subd. (d).) Appellant contends that the trial court erred in ordering supervised parole because his presentence custody credits (423 days) exceed the one-year parole supervision period. We affirm. Proposition 47 provides that the trial court may, in its discretion, order one year of supervised parole without consideration of presentence custody credits.

1 All statutory references are to the Penal Code unless otherwise stated. Procedural History In 2007 appellant…