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Name: People v. Elizalde
Case #: B267479
Court: CA Supreme Court
District 2 DCA
Division: 6
Opinion Date: 12/19/2016
Summary

When a person on postrelease community supervision (PRCS) obtains Proposition 47 relief on the underlying offense, PRCS terminates and any punishment imposed for a violation of its terms ends. In 2011, Elizalde was convicted of forgery and possession of a controlled substance. She was sentenced to 16 months in prison and subsequently released on PRCS. In 2015, the probation agency filed a petition to revoke Elizalde’s PRCS. On the same date, she filed a petition to have her convictions declared misdemeanors under Proposition 47. At a hearing addressing both petitions, the court first found Elizalde in violation of the terms of her PRCS and ordered her to serve 120 days in jail. The court then granted her Proposition 47 petition, redesignated her convictions as misdemeanors, and ordered her to be on misdemeanor probation. Defendant appealed, arguing that the court erred in refusing to consider her Proposition 47 petition before the petition to revoke her PRCS. Held: Appeal dismissed as moot. Section 1170.18, subdivision (b) provides that a felony recalled and resentenced as a misdemeanor under Proposition 47 shall be a misdemeanor for all purposes. There is no language in section 1170.18 that requires the trial court to consider a Proposition 47 petition before it considers a petition to revoke PRCS. However, it makes no difference in what order a trial court considers the petitions. As soon as the court granted Elizalde’s Proposition 47 petition and redesignated her convictions as misdemeanors, her PRCS (which applies only to felony convictions), “terminate[d] by operation of law, and any punishment attendant to its violation end[ed].” The Court of Appeal dismissed Elizalde’s appeal as moot because she had already served her 120-day county jail term.

The full opinion is available on the court’s website here: http://www.courts.ca.gov/opinions/documents/B267479.PDF