People v. Duff-Guardado CA1/3

DISCUSSION

A. Parole Period Appellant contends his excess presentence custody credits should be applied against his three-year parole term. The People agree, as do we. It is a “long-established rule that, in the ordinary situation of original sentencing, excess presentence credits can reduce any period of parole.” (People v. Morales (2016) 63 Cal.4th 399, 405 (Morales); see In re Sosa (1980) 102 Cal.App.3d 1002, 1005 (Sosa).) Section 1170, subdivision (a)(3), states in relevant part: “In any case in which the amount of preimprisonment credit under Section 2900.5 or any other law is equal to or exceeds any sentence imposed pursuant to this chapter, . . . the entire sentence shall be deemed to have been served, except for the remaining period of mandatory supervision, and the defendant shall not be actually delivered to the custody of the secretary or to the custody of the county correctional administrator. The court shall advise the defendant that they shall serve an applicable period of parole, postrelease community

2 All further statutory references are to the Penal Code.

2 supervision, or mandatory supervision, and order the defendant to report to the parole or probation…