P.

DISCUSSION

―The Realignment Act significantly changes felony punishment. Under prior law, felonies were offenses punished by death or imprisonment in state prison. [Citation.] The Realignment Act changes the definition of a felony to an offense punishable by death, imprisonment in state prison, or by ‗imprisonment in a county jail under the provisions of subdivision (h) of Section 1170.‘ [Citation.]‖ (People v. Lynch (2012) 209 Cal.App.4th 353, 357.) Defendants sentenced under the Realignment Act are generally committed to county jail instead of state prison. (Griffis, supra, 212 Cal.App.4th at p. 961.) However, prison sentences are imposed if the defendant has 2 current or prior serious or violent felony convictions, is required to register as a sex offender, or has sustained a section 186.11 aggravated white collar crime enhancement. (Id. at pp. 961–962.) In Griffis, the Court of Appeal considered the same argument defendant makes here, that ―a prior conviction that results in an increased penalty—like a sentence served in prison rather than in jail—must be pled and proven to a jury . . . .‖ (Griffis, supra, 212 Cal.App.4th at p.…