California v. ArmogedaAnnotate this Case
Defendant Evan Taylor Armogeda pleaded guilty in 2011 to felony possession of heroin. The court sentenced him to two years in state prison. In 2013, he was released to postrelease community supervision (PRCS) for a period of around three years. In December 2014, while defendant was still serving PRCS, he petitioned under section 1170.18 for the reduction of his 2011 felony conviction to a misdemeanor conviction. Defendant alleged he had completed his sentence. At the hearing on defendant’s section 1170.18 petition, the court found defendant was still serving his sentence because he was still being “supervised by probation.” Accordingly, the court imposed a jail sentence of time served, and imposed one year of parole. The court gave defendant no custody credit against his parole period and fines. The court imposed a $200 state restitution fine and a $200 parole revocation fine. Defendant argued on appeal that the trial court erred when it resentenced him to a misdemeanor and imposed parole pursuant to Penal Code section 1170.18, subdivisions (a), (b), and (d). Alternatively, defendant contended his excess custody credits should have been counted against his parole time and outstanding fines. He further argued his restitution fine and parole revocation fine had to be reduced. The Court of Appeal affirmed the trial court’s imposition of parole and the court’s setting of the dollar amount of defendant’s restitution fine and parole revocation fine. But the Court of Appeal found that the court erred by failing to credit defendant’s excess custody days against his parole time and eligible fines. Accordingly, this matter was remanded back to the trial court for a recalculation of his parole period and fines.