People v. Steward

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In 2007, defendant was sentenced to an aggregate prison term of nine years four months for felony possession of a controlled substance, felony failure to appear, and enhancements. The sentence for possession was the principal term; the sentence for failure to appear was the subordinate term. In 2015, the court granted defendant’s petition for resentencing under Proposition 47 (Penal Code 1170.18(a)), reduced defendant’s possession conviction to a misdemeanor, and resentenced him to an aggregate term of eight years for failure to appear and enhancements, to run concurrently with a 180-day sentence for possession. The court waived the one-year parole term following a Proposition 47 resentencing. Because defendant had more than eight years of custody credits, he was quickly released from prison and placed on post-release community supervision (PRCS, Penal Code 3451(a)). Weeks later, the probation department sought to revoke defendant’s PRCS for failure to report. Defendant admitted the violation. The trial court sentenced him to time served and reinstated PRCS, agreeing that the PRCS term should be reduced by excess custody credits resulting from his resentencing. The court of appeal affirmed, agreeing that the trial court had authority to apply the excess credits to reduce the duration of PRCS. View "People v. Steward" on Justia Law

Posted in: Criminal Law

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