Moreno

I respectfully dissent. A separate panel of this court recently decided in People v. Scott (2013) 216 Cal.App.4th 848 [ 157 Cal.Rptr.3d 305 ], review granted July 24, 2013, S211670, that the provisions of the Criminal Justice Realignment Act of 2011 (Realignment Act) are applicable to those defendants whose sentence was imposed prior to October 1, 2011, the effective date of the act, but whose sentence was executed after that date upon revocation of probation. Here, defendant’s sentence was imposed on April 12, 2011, prior to the effective date of the Realignment Act. However, sentence was not executed until November 3, 2011, after the effective date of the Realignment Act. Under the reasons set forth in Scott , I would affirm the judgment of the trial court ordering defendant serve his sentence in county jail.

A petition for a rehearing was denied August 27, 2013, and appellant’s petition for review by the Supreme Court was denied November 13, 2013, S213393.

I. Background

On January 3, 2011, defendant was charged by complaint with receiving stolen property (§ 496, subd. (a) – count 1), resisting, delaying, or obstructing a peace officer (§ 148, subd. (a)(1) – count 2), and possession of burglar’s tools (§ 466 – count 3). The complaint also alleged that defendant had failed on three separate occasions to remain free of prison custody for a five-year period (§ 667.5, subd. (b). On January 18, 2011, defendant pleaded no contest to felony receiving stolen property and admitted two of the prior prison term allegations. On April 12, 2011, the trial court imposed a five-year state prison term, suspended execution of sentence, and ordered defendant to serve formal probation for three years. The remaining charges and allegations were dismissed pursuant to section 1385. On May 12, 2011, a petition to revoke probation was filed. On September 8, 2011, defendant was arrested on a bench warrant for violating the terms and conditions of probation. On September 22, 2011, the district attorney’s office filed a second petition to revoke probation on the ground that defendant had failed to obey all laws. On September 29, 2011, defendant admitted a…

*848 Opinion

The Criminal Justice Realignment Act of 2011 (Realignment Act) 1 made significant changes in punishment for defendants, including confinement in county jail rather than state prison for certain felons. (Pen. Code, § 1170, subd. (h).) 2 These sentencing changes apply “to any person sentenced on or after October 1, 2011.” (§ 1170, subd. (h)(6).) We conclude that the Realignment Act does not apply to defendant Steven Moreno, Jr., whose sentence was imposed prior to October 1, 2011, and executed after that date when his probation was revoked. 3 Accordingly, we reverse the judgment.

I. Background

On January 3, 2011, defendant was charged by complaint with receiving stolen property (§ 496, subd. (a)—count 1), resisting, delaying, or obstructing a peace officer (§ 148, subd. (a)(1)—count 2), and possession of burglar’s tools (§ 466—count 3). The complaint also alleged that defendant had failed on three separate occasions to remain free of prison custody for a five-year period (§ 667.5, subd. (b)).

On January 18, 2011, defendant pleaded no contest to felony receiving stolen property and admitted two of the prior prison term allegations.

On April 12, 2011, the trial court…