People v. Phillips CA4/3

Introduction Ron Bradley Phillips appeals from a postjudgment order granting in part and denying in part his application under Penal Code section 1170.18 for a recall of sentence on his felony conviction and to reduce that conviction to a misdemeanor. Although the trial court reduced the conviction to a misdemeanor, Phillips argues the court erred by imposing a one-year parole term under section 1170.18, subdivision (d) (section 1170.18(d)) because he was not still serving a sentence when he was on postrelease community supervision (PRCS). Alternatively, Phillips argues his excess custody credits should reduce his parole term and fines. We conclude Phillips is subject to a parole term under section 1170.18(d), but the length of parole cannot be longer than the remainder of his PRCS and his excess custody credits must be applied against the parole term and/or restitution and parole revocation fines. In addition, we conclude the trial court erred by imposing an unauthorized jail term, which must be corrected on remand, Phillips forfeited any challenge to the restitution fine and parole revocation fine, and the order requiring him to register under Health and Safety Code section…