P.

FACTS AND PROCEEDINGS

In May 2011, defendant was arrested and later charged with evading peace officers with willful and wanton disregard for the safety of others and property (Veh. Code, § 2800.2) and driving without a valid driver’s license (Veh. Code, § 12500). In November 2011, defendant entered into a negotiated plea pursuant to which he agreed to plead no contest to both charges in exchange for a three-year “lid” on his sentence. On February 22, 2012, defendant appeared before the trial court for judgment and sentencing. At that time, the trial court told defendant he would not be serving his sentence in county jail. The trial court told defendant that the crime of felony evading a peace officer was “exempt from [Penal Code section] 1170(h) sentencing,” which requires committing certain felons to county jail to serve their sentence. Defendant’s counsel said her understanding of the law was that, because defendant was not a registered sex offender and had no prior strike convictions, he would serve his sentence in county jail. The court disagreed and sentenced defendant to the three years in state prison. Defendant appeals.

DISCUSSION

Defendant contends the trial court…