Sellner

Jennifer Rose Sellner appeals an order resentencing her to two years’ felony jail for receiving stolen property. (Pen. Code, § 496.) In 2014, appellant was sentenced to eight months, one-third the two-year midterm, in case No. 2011005319, to be served consecutive to a three-year principal term sentence in case No. 2014007685. (§ 1170.1, subd. (a).) The trial court denied Proposition 47 relief in case No. 2011005319 but granted a Proposition 47 petition in case No. 2014007685 and reduced the conviction on the principal term to a misdemeanor (§ 1170.18). Appellant was “resentenced” to two years’ felony jail in case No. 2011005319, awarded credit for time served (i.e., 737 days), and was released from custody. Appellant contends that the trial court could not lawfully “resentence” her to two years in case No. 2011005319. According to appellant, she should have been sentenced to eight months’ county jail. We disagree and affirm.

Claimed Mootness

The Attorney General contends that the appeal is moot and should be dismissed because the sentence has been deemed served. (See, e.g., People v. Valencia (2014) 226 Cal.App.4th 326, 329 [ 172 Cal.Rptr.3d 1 ].) We deny the motion to…