California v. PinonAnnotate this Case
In 2014 California voters passed Proposition 47, which reclassified certain offenses from felonies to misdemeanors. Proposition 47 also enacted Penal Code section 1170.18, which created a procedure whereby a defendant who suffered a felony conviction of one of the reclassified crimes could petition to have his or her conviction redesignated a misdemeanor. In August 2011 defendant Jaime Pinon pleaded guilty to a felony possession of methamphetamine and misdemeanor possession of controlled substance paraphernalia. In support of the plea, he stated, “On 8/12/11, I willfully and unlawfully possessed: (1) a usable quantity of methamphetamine, a controlled substance and (2) a pipe used for smoking a controlled substance.” The court sentenced defendant to a state prison term of 16 months on count 1, and suspended imposition of sentence on count 2. Upon defendant’s release from prison, he was placed on post-release community supervision (PRCS). His PRCS was set to expire in April 2015. In December 2014, defendant petitioned to reduce count 1 to a misdemeanor pursuant to Penal Code section 1170.18, subdivision (f), or, in the alternative, subdivision (a). The court granted defendant’s petition under subdivision (a) and sentenced defendant to 545 days in county jail (thus imposing a 180-day jail term on count 2 that had previously been suspended, and running that term consecutively), credited him for the full 545 days, and, over defendant’s objection, imposed one year of parole. Defendant appealed and argued the court should not have imposed parole, or, in the alternative, should have imposed a shorter period of parole. After review, the Court of Appeal agreed with the latter contention and remanded for a recalculation of defendant’s maximum parole period.