Scott

discussion, the court continued the hearing to give both parties time to consider the issue and file briefs on whether or not defendant should be sentenced to state prison or county jail. The People filed a brief on this point on December 20, 2011. In essence, the People argued that section 1170, subdivision (h) applies prospectively to cases where defendants are sentenced on or after October 1, 2011. The People contended that since defendant was sentenced on June 12, 2009, before the effective date of section 1170, subdivision (h), the court had no power to sentence defendant to county jail. On December 22, 2011, the trial court, after review of the People‟s arguments, revoked defendant‟s probation and sentenced him to serve a seven-year sentence in county jail. During the hearing, the trial judge stated that “generally I agree with the People‟s reasoning. And essentially, once a sentence is imposed, that sentence may not

3 Defendant had already violated his probation twice before the October 4, 2011 petition, and both times his probation was revoked and reinstated by the trial court.

2 later be modified. [¶] However, the recent legislation, [section] 1170[, subdivision] (h),…