P. v. Phariss CA5
On November 19, 2013, appellant Jeffery Randall Phariss was sentenced to a split term that included mandatory supervision. While on mandatory supervision, Phariss committed a new offense for which he was sentenced on March 9, 2016. That same day, a hearing on violation of mandatory supervision was conducted. Phariss contends the trial court was required to impose an aggregate sentence for the offense for which he was on mandatory supervision and the new offense. Consequently, he contends the trial court erred in imposing a Penal Code section 667.5, subdivision (b) enhancement on the new offense, when it had been imposed in the case for which he was on mandatory supervision. He also contends that a prior felony conviction subsequently reduced to a misdemeanor on May 6, 2015 can no longer support a section 667.5, subdivision (b) enhancement appended to the offense for which he was convicted in 2013.
For the reasons set forth below, we affirm.
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