Montrose

Following the termination of his probation, defendant Kirk Allen Montrose was sentenced to state prison. On appeal, he claims he instead should have been committed to county jail pursuant to Penal Code section 1170, subdivision (h). We disagree. That statute does not apply to persons whose sentences, imposed but suspended prior to October 1, 2011, were executed after that date. We affirm.

PROCEDURAL HISTORY

On April 14, 2010, a complaint was filed in Merced County Superior Court case No. CRM009080 (case No. 9080), charging defendant with possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and alleging he had suffered a prior conviction under the “Three Strikes” law (Pen. Code, § 1170.12, subd. (c)(1)) and had served five prior prison terms (§ 667.5, subd. (b)). On April 29, 2010, defendant pled no contest to the possession charge in exchange for dismissal of the special allegations.

On July 2, 2010, a complaint was filed in Merced County Superior Court case No. CRM010998 (case No. 10998), charging defendant with carrying a concealed dirk or dagger (former § 12020, subd. (a)(4), now § 21310; count 1) and possessing methamphetamine (Health & Saf. Code, §…