People v. Dubose CA3

DISCUSSION

I Defendant Must Serve His Time In Prison Defendant contends his prison sentence must be converted to a county jail sentence pursuant to section 1170, subdivision (h)(6). According to him, he was “sentenced” when the trial court, in 2013, declined to reinstate his probation and executed the previously suspended sentence. Therefore, he contends he falls under the provisions of section 1170 subdivision (h). Defendant is wrong.

2 Pursuant to the Realignment Act, many felonies are no longer punished by confinement in state prison but are instead subject to confinement in county jail. (§1170, subd. (h)(1), (2).) Although defendant’s crime is 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).) Here, the trial court imposed and stayed execution of the three-year and eight-month state prison sentence on October 5, 2010, and executed the sentence on November 5, 2013. Thus, the issue is: when was defendant sentenced? Defendant relies on People v. Clytus (2012) 209 Cal.App.4th 1001 to support his claim that he was sentenced when the trial court executed…