How has the court interpreted the term "currently serving a sentence" under section 1170.18, subdivision (a) of the California Criminal Code?

Although defendant acknowledges he was on PRCS at the time he filed his Proposition 47 petition, he nevertheless argues he was not "currently serving a sentence" within the meaning of section 1170.18, subdivision (a). Citing rules of statutory interpretation and People v. Nuckles (2013) 56 Cal.4th 601, he claims the word "sentence" in the phrase "currently serving a sentence" excludes time spent on parole or PRCS. Thus, he contends the court should not have imposed parole at all.

We have previously addressed these arguments in People v. Morales (2016) 238 Cal.App.4th 42 review granted August 26, 2015, S228030 (Morales), and continue to adhere to the position expounded therein and reaffirmed in People v. Pinon (2015) 283 Cal.App.4th 1232, review granted November 18, 2015, S229632, that a defendant serving a term of PRCS is still serving a sentence under section 1170.18, subdivision (a). We thus conclude the court here correctly imposed parole.

3. Parole Period Exceeding PRCS Termination Date