People v. Scott CA6

DISCUSSION

“As relevant here, the Realignment Act significantly changes the punishment for some felony convictions. Under the terms of the Act, low-level felony offenders who have neither current nor prior convictions for serious or violent offenses, who are not required to register as sex offenders and who are not subject to an enhancement for multiple felonies involving fraud or embezzlement, no longer serve their sentences in state prison. Instead, such offenders serve their sentences either entirely in county jail or partly in county jail and partly under the mandatory supervision of the county probation officer.” (Scott, supra, 58 Cal.4th at p. 1418.) Section 1170, subdivision (h)(6) provides in pertinent part that “[t]he sentencing changes made by the [Realignment Act] . . . shall be applied prospectively to any person sentenced on or after October 1, 2011.” The California Supreme Court granted review in Scott to resolve the conflict in Court of Appeal decisions regarding the interpretation of section 1170, subdivision (h)(6). The Scott court noted that “the meaning of the term ‘sentenced’ in section 1170[, subdivision] (h)(6) is potentially ambiguous regarding felony…