P. v. McMillan CA5
In 2011, appellant Tracy McMillan was convicted of, inter alia, second degree commercial burglary in violation of Penal Code sections 459/460, subdivision (b) and sentenced to an aggregate term of six years in state prison. After Proposition 47 passed, McMillan filed a petition requesting her conviction be reduced to a misdemeanor and that she be resentenced. (See § 1170.18.) The trial court granted the petition, reduced the conviction to a misdemeanor, and imposed a one-year period of parole. The trial court also awarded McMillan 1,700 days custody credits. McMillan contends the trial court erred when it imposed a one-year parole term under section 1170.18, subdivisions (a) and (d). She argues in the alternative that the trial court should have applied her excess custody credits towards her one-year parole period. We disagree and affirm.
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