P. v. Magana CA6
Pursuant to a plea agreement, defendant Eduardo Magana pleaded no contest in 2010 to one count of second degree burglary (Pen. Code, §§ 459, 460, subd. (b)) and was sentenced to two years in state prison. In 2015, while still on parole for the 2010 offense, Magana filed a waiver and stipulation for resentencing under Proposition 47 (§ 1170.18). The trial court recalled his sentence, directed that the conviction be reduced to a misdemeanor and imposed a jail term of 180 days, deemed served. The trial court also imposed one year of parole supervision.
On appeal, Magana argues the trial court erred by failing to apply his excess custody credits to outstanding penal fines. The People concede the argument in large part.
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