People v. Gonzales CA4/3

Good Law
Court of Appeal of CaliforniaJune 24, 2016G051432California512 words

Opinion

Opinion

Aronson, J.

DISCUSSION

In his opening brief filed in May 2015, Gonzales 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 argues a person on PRCS is not “currently serving a sentence.” (§ 1170.18, subd. (a).) Alternatively, he asserts the trial court erred in failing to apply his excess custody credits to reduce his parole term (cf. People v. Morales (June 16, 2016, S228030) ___ Cal.4th ___ [credit for time served does not reduce the parole period required by section 1170.18, subd. (d)]), and both his fines and fees. He also argues the court should have reduced the $200 restitution and parole revocation fines (§§ 1202.4, subd. (b)(1), 1202.45, subd. (a)) to the $100 minimum amount for misdemeanors. Finally, he argues the court erred in ordering him to register as a narcotics offender (Health & Saf. Code,

1 In June 2015, we granted Gonzales’s motion to augment the record on appeal with documents reflecting Gonzales was on PRCS in January 2015 at the time the court heard his application under section 1170.18.

3 § 11590). (Health & Saf. Code, § 11590,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.