Steward

People v. Steward

Good Law
20 Cal. App. 5th 407·228 Cal. Rptr. 3d 877
Court of Appeal of CaliforniaFebruary 9, 2018A148242California7,404 words

Opinion

lead Opinion

Simons, J.

*411 A person serving a prison sentence for multiple felony convictions obtains a reduction to a misdemeanor of one of those convictions pursuant to Proposition 47 ( Pen. Code, § 1170.18 ). 1 Following resentencing, the person's custody credits exceed the newly imposed term of imprisonment. May the trial court apply the excess credits to reduce the duration of the person's postrelease community supervision (PRCS)? In this case, the trial court concluded it had this authority and reduced defendant William Jason Steward's period of PRCS. We agree and affirm. 2

*412 BACKGROUND

In August 2007, defendant was sentenced to an aggregate prison term of nine years four months for felony possession of a controlled substance ( Health & Saf. Code, § 11377 ), felony failure to appear (§ 1320.5), and enhancements. 3 The sentence on the possession charge was the principal term, and the sentence on the failure to appear conviction was the subordinate term.

In February 2015, the trial court granted defendant's petition for resentencing pursuant to Proposition 47 ( § 1170.18, subd. (a) ). The court reduced defendant's possession conviction to a misdemeanor and resentenced him to an aggregate term…

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