People v. Wilcox CA4/3

DISCUSSION

In his opening brief filed in June 2015, Wilcox contends the trial court erred by denying his application to designate the felony as a misdemeanor under section 1170.18, subdivision (f), and by imposing parole (§ 1170.18, subd. (d)). He notes he was sentenced to serve two years in prison on August 24, 2011, and must have completed his prison sentence before the trial court resentenced him on January 28, 2015. He also notes nothing in the record shows he was on parole or postrelease community supervision (PRCS) in January 2015. But he asserts even if he was on parole or PRCS, “such periods of supervision are distinct from a ‘sentence’” within the meaning of section 1170.18. Alternatively, Wilcox argues even if the court had authority to impose parole, he had “already served a two-year sentence and, therefore, this court should deem both his 365 day misdemeanor sentence and his one year parole term served in full.” (Cf. People v. Morales (June 16, 2016, S228030) ___ Cal.4th ___ [credit for time served does not

3 reduce the parole period required by section 1170.18, subd. (d)].) Finally, he asserts his restitution fines (§§ 1202.4, subd. (b), 1202.45) should be reduced…