People v. Vasquez CA4/3

DISCUSSION

Defendant first argues he was not “currently serving a sentence” within the meaning of section 1170.18, subdivision (a), when he filed his petition because he had completed his prison term. He remained on PRCS at that time, but insists PRCS does not form part of his sentence for redesignation purposes. A person who has “completed his or her sentence” for a felony offense that Proposition 47 reclassifies as a misdemeanor may apply to have the conviction designated a misdemeanor under section 1170.18, subdivision (f), and is not subject to parole. In contrast, subdivisions (a) and (d) provide that defendants still serving their sentences may have them recalled for misdemeanor resentencing, but may be subject to a parole term up to one year. As this court explained in People v. Pinon (2015) 238 Cal.App.4th 1232, review granted November 18, 2015, S229632 (Pinon), a defendant on PRCS is still serving his or her sentence for purposes of section 1170.18, subdivision (a). No Court of Appeal has disagreed and, in any event, we must decide this case and we continue to adhere to that position. Thus, we conclude the court correctly imposed a parole term.

3 We agree with…