People v. Garcia CA2/2

FACTS AND PROCEDURAL HISTORY

In 2013, defendant entered a plea to a felony count of petty theft with a prior (Pen. Code, § 666, subd. (a))1, and admitted that she had a prior “strike” conviction within the meaning of our Three Strikes law (§§ 667, subds. (b)-(j) &1170.12, subds. (a)- (d).) The trial court imposed a 32-month prison sentence. Thereafter, defendant petitioned to have her 2013 felony conviction redesignated as a misdemeanor pursuant to the Safe Neighborhoods and Schools Act (Proposition 47). In May 2015, the trial court granted the petition, redesignated the offense as misdemeanor shoplifting (§ 459.5), and imposed a sentence of 365 days in jail (offset by 280 days of actual custody credit and an unspecified number of days of good time/work time credits to be calculated by the County jail or Department of Corrections) to be followed by one year of parole. In August 2015, defendant filed a motion to correct her sentence, arguing that (1) the maximum sentence for shoplifting was six months in jail, not one year, and (2) the trial court should apply her excess custody credits against her one-year parole term. The trial court indicated that it had “incorrectly…