People v. Dilworth CA4/3

INTRODUCTION

The trial court reduced defendant Charles Jameson Dilworth’s felony conviction for possession of a controlled substance to a misdemeanor. Pursuant to Penal Code section 1170.18, subdivision (a), the trial court imposed a one-year parole term. Because defendant was discharged from postrelease community supervision (PRCS) on the day he filed his petition to reduce his felony conviction, he had completed his sentence and should have been resentenced without imposition of a parole term pursuant to Penal Code section 1170.18, subdivision (f). We reverse the trial court’s postjudgment order and remand for resentencing.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Defendant was charged in an information with one felony count of possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)), and one misdemeanor count of possession of controlled substance paraphernalia (id., § 11364.1, subd. (a)). The information also alleged a prior serious and violent felony conviction. (Pen. Code, §§ 667, subds. (d), (e)(1), 1170.12, subds. (b), (c)(1).) Defendant pled guilty to both counts, and admitted the prior conviction allegation. The prosecution moved to strike the…