People v. Mendoza CA4/3

INTRODUCTION

Defendant Estivallis Mendoza appeals from an order granting her petition for resentencing under Proposition 47, the Safe Neighborhoods and Schools Act (Pen. Code, § 1170.18). (All further statutory references are to the Penal Code, unless otherwise noted.) Defendant had pleaded guilty to one felony count of possession of a controlled substance and was sentenced to a 16-month prison term. Although she agrees with the trial court’s reduction of her felony conviction to a misdemeanor, defendant contends the court erred by ordering her to serve one year on parole. Defendant argues she had already completed her sentence within the meaning of section 1170.18, preventing the trial court from ordering a term of parole. We affirm the order imposing a parole term.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Defendant was charged with felony possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and misdemeanor driving without a valid license (Veh. Code, § 12500, subd. (a)). The felony complaint alleged a juvenile adjudication of a prior serious and violent felony (§§ 667, subds. (d), (e)(1), 1170.12, subds. (b), (c)(1)); and two prior prison terms (§…