People v. Semlinger CA2/6

Discussion Appellant contends “that an individual on PRCS . . . is not ‘currently serving a sentence’ within the meaning of section 1170.18, subdivision (a) and cannot be subjected to misdemeanor parole.” We disagree. “PRCS is similar to parole. [Citations.] PRCS does not change any terms of a defendant’s sentence, but merely modifies the agency that will supervise the defendant after release from prison.” (People v. Jones (2014) 231 Cal.App.4th 1257, 1266-1267, fn. omitted.) “[P]arole [or PRCS] is a mandatory component of any prison sentence. ‘A sentence resulting in imprisonment in the state prison . . . shall include a period of parole supervision or postrelease community supervision, unless waived . . . .’ (§ 3000, subd. (a)(1).) Thus, a prison sentence ‘contemplates a period of parole [or PRCS], which in that respect is related to the sentence.’ [Citation.]” (People v. Nuckles (2013) 56 Cal.4th 601, 609.) Section 1170,

2 subdivision (c) provides: “The court shall . . . inform the defendant that as part of the sentence after expiration of the term he or she may be on parole . . . or postrelease community supervision . . . .” (Italics added.) Because appellant was on PRCS when…