People v. Castro CA2/6

Filed 6/21/16 P. v. Castro 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B263328 (Super. Ct. No. 2012024359) Plaintiff and Respondent, (Ventura County)

v.

EDUARDO CASTRO,

Defendant and Appellant.

Eduardo Castro appeals the trial court's order continuing him on postrelease community supervision (PRCS) (Pen. Code,1 § 1170, subd. (h)) following a request for resentencing under Proposition 47. Appellant contends the court erred in continuing him on PRCS and in failing to apply his excess custody credits against his term of parole, as contemplated in In re Sosa (1980) 102 Cal.App.3d 1002. While the appeal was pending, the trial court granted…