People v. MoralesAnnotate this Case
Defendant pleaded guilty to felony possession of heroin and was sentenced to 16 months in prison. Defendant was given credit for time served, including conduct credits, of 220 days. Penal Code section 1170.18, subdivision (d), provides that a person who has been resentenced under the measure and given credit for time served “shall be subject to parole for one year following completion of his or her sentence, unless the court, in its discretion, as part of its resentencing order, releases the person from parole.” The court concluded that credit for time served does not reduce the parole period. When it voted on Proposition 47, the electorate was informed, and it intended, that a person who benefited from the new legislation by receiving a reduced sentence would be placed on parole for one year after completion of the reduced sentence, subject to the court's discretion to release the person from that parole. The court reversed and remanded for further proceedings.