People v. Mendez CA4/3

FACTS

In January 2014, Mendez pleaded guilty to possession of a controlled substance, methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and admitted prior prison term allegations (Pen. Code, § 667.5, subd. (b), all further statutory references are to the Penal Code). The factual basis for the plea was that “on [November 9, 2013], [he] did unlawfully possess a usable quantity of a controlled substance- methamphetamine.” The trial court sentenced Mendez to prison for 16 months, with 117 days credit. On November 4, 2014, the voters enacted Proposition 47, the Safe Neighborhoods and Schools Act (the Act), which became effective the following day. (See § 1170.18.) In April 2015, Mendez filed a petition for resentencing or for reduction of his felony conviction to a misdemeanor (§ 1170.18). The court granted the petition, recalling Mendez’s sentence and sentencing him to 365 days in county jail, with credit for time served. The court also placed him on one year of parole.

DISCUSSION

In his opening brief, Mendez argues the trial court should have applied any excess custody credits to reduce his parole period. This claim was recently rejected by the California Supreme Court in…