People v. Anaya CA4/3

FACTS AND PROCEDURAL HISTORY

In January 2010, defendant pleaded guilty to simple possession of methamphetamine, and admitted five “strike” priors. The trial court sentenced him to a prison term of five years, advised him that upon release he would be on parole for up to three years, and awarded him 75 days presentence custody credits. Some time later defendant was released from prison, but the record does not reveal whether he was actually placed on parole as earlier advised, or on postrelease community supervision (PRCS) pursuant to section 3451, subdivision (a). In 2014, the voters passed Proposition 47, which reclassified certain offenses from felonies to misdemeanors, and also enacted section 1170.18. Under subdivision (a), if the defendant is still serving a felony sentence, the defendant can have that sentence recalled and be given a misdemeanor sentence instead. Defendants who are resentenced are subject to one year of parole unless the trial court, in its discretion, waives the parole requirement. Under subdivision (f), if the defendant has completed his

2 felony sentence, he can petition to have it redesignated a misdemeanor, and no parole period applies. In January…