Pinon

DISCUSSION

In our recent opinion People v. Morales (June 26, 2015, G051142) __ Cal.App.4th __ [2015 Cal.App. Lexis 564], we resolved some of the issues defendant raises in the present appeal. Namely, we held that a defendant serving a term of PRCS is still serving his sentence under Penal Code section 1170.18, subdivision (a), and it is thus appropriate for the court to recall that sentence, resentence defendant to a misdemeanor, and impose one year of parole. We also held that any excess custody credits reduce the maximum period of parole to which the defendant is subject. Here, the court resentenced defendant under subdivision (a), which we affirm, but the record indicates defendant had excess custody credits, which the court did not apply to defendant’s parole period. Thus, at minimum, this case must be reversed and remanded for a recalculation of defendant’s parole period. In Morales, however, we did not address an issue defendant raises here: whether imposition of a parole period longer than the remainder of defendant’s PRCS period violates Penal Code section 1170.18, subdivision (e) (subdivision (e)), which states, “Under no circumstances may resentencing under this section…