People v. Smith CA2/6

Filed 10/8/15 P. v. Smith CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B258127 (Super. Ct. No. CR48902) Plaintiff and Respondent, (Ventura County)

v.

JONATHAN LEE SMITH,

Defendant and Appellant.

Jonathan Lee Smith appeals the trial court's order vacating its prior order applying excess custody credits against a three-year period of Post-Release Community Supervision (PRCS) (Pen. Code,1 § 3451, subd. (a)). PRCS was imposed when appellant was resentenced on a third-strike sentence of 29 years to life under the Criminal Justice Realignment Act of 2011(the Act) (§ 1170.126). The court imposed a 14-year sentence, released appellant from…