The People v. Depicciotto CA3

DISCUSSION

I Defendant contends the trial court could not sentence her to state prison because she should have been sentenced pursuant to section 1170, subdivision (h). We disagree. Pursuant to the Criminal Justice Realignment Act of 2011 (Realignment Act) (Stats. 2011, 1st Ex. Sess. 2011–2012, ch. 15, § 1), many felonies are no longer punished by confinement in state prison, but are instead subject to confinement in county jail. (§ 1170, subdivision (h)(1), (2).) Felons sentenced under this provision may have a concluding portion of the county jail term suspended and placed under the mandatory supervision of the county probation department. (§ 1170, subd. (h)(5)(B)(i).) Defendant’s crimes are subject to sentencing under the Realignment Act. The Realignment Act’s sentencing scheme applies only to defendants “sentenced on or after October 1, 2011.” (§ 1170, subd. (h)(6).) The trial court imposed and stayed execution of the three-year state prison sentence on December 6, 2010, and executed the sentence on May 18, 2012. The question presented here is whether the Realignment Act

2 applies where the trial court, as here, imposes a state prison sentence and stays execution before…