Armogeda

FACTS

On January 31, 2011, defendant pleaded guilty to felony possession of heroin in violation of Health and Safety Code section 11350, subdivision (a). The court 2 sentenced him to two years in state prison. In 2013, he was released to postrelease community supervision (PRCS) for a period of around three years. 3 In December 2014, while defendant was still serving PRCS, he petitioned under section 1170.18 for the reduction of his 2011 felony conviction to a misdemeanor conviction. Defendant alleged he had completed his sentence.

1 All statutory references are to the Penal Code unless otherwise stated. 2 The court initially suspended execution of sentence pending defendant’s successful completion of a Salvation Army program. The court subsequently imposed the two-year prison sentence after defendant admitted he had violated his probation. 3 The record is sparse concerning defendant’s supervision. Based on the comments of the court and defense counsel at the December 19, 2014 hearing on defendant’s section 1170.18 petition, defendant had been “supervised by probation” for

2 At the hearing on defendant’s section 1170.18 petition, the court found defendant was still serving his…