Griffis

Defendant Kenneth William Griffis pled guilty to possession of methamphetamine and receiving stolen property. The trial court sentenced him to two years eight months in prison because he had prior felony convictions in the State of Washington. Defendant contends under the Criminal Justice Realignment Act of 2011 (Realignment Act) (Stats. 2011, ch. 15) he was entitled to a county jail sentence because (1) his prior convictions were neither pled nor proven to a jury and (2) the record contains insufficient evidence that any of his prior convictions qualified as a strike.

We conclude the prior Washington convictions constituted sentencing factors that did not need to be pled and proven to a jury to render him ineligible for county jail. The People, however, concede the record contains insufficient evidence to support the court’s finding that defendant’s Washington convictions constituted strikes under California law. Because it is correct, we accept that concession. Accordingly, we affirm defendant’s conviction but remand for resentencing.

FACTUAL AND PROCEDURAL BACKGROUND

On March 4, 2011, defendant was arrested for public intoxication when two Shasta County deputy…