People v. Nickaboine CA4/3

FACTS AND PROCEDURAL BACKGROUND

In 2012, the district attorney charged defendant with receiving stolen property (Pen. Code, § 496, subd. (a); all further statutory references are to this code). The amended felony complaint alleged two prison priors (§ 667.5, subd. (b)), and that defendant had suffered a prior serious or violent felony conviction (§§ 667, subds. (d), (e)(1), 1170.12, subds. (b), (c)(1)). Defendant pled guilty to the charge and admitted the allegations. In return, the trial court struck the prison priors and strike conviction allegations, sentenced defendant to state prison for a term of 16 months, and imposed fines, including $240 each for restitution (§ 1202.4, subd. (b)) and parole revocation (§ 1202.45). The court awarded defendant 92 days of actual and conduct credits. In February 2015, defendant petitioned to have his felony conviction recalled under Proposition 47. At the time, defendant was on PRCS. The trial court recalled defendant’s prior sentence, redesignated his conviction as a misdemeanor, ordered him to serve 365 days in county jail, but gave him 183 days of actual credit and 182 days of conduct credit. Based on a representation that defendant’s…