Guillen
People v. Guillen
Opinion
Lead Opinion
Gilbert, J.
*994 Opinion
The Criminal Justice Realignment Act of 2011 provides that certain felony offenders serve their sentences in “local custody” instead of state prison. (The Criminal Justice Realignment Act of 2011 (Stats. 2011, 1st Ex. Sess. 2011-2012, ch. 12, § 1).) Here we look to various statutes to determine whether appellant Atanacio Corona Guillen, also known as Francisco Meza Baltasar, will serve his sentence in state prison or local custody.
Guillen appeals a judgment entered following his plea to driving with a 0.08 percent or higher blood-alcohol content with the admission of a prior felony (Veh. Code, § 23152, for which he received a felony sentence) and stating false information to a police officer (id., §§ 23152, subd. (b), 23550.5; Pen. Code, § 148.9, subd. (a)). 1 The trial court sentenced him to state prison. We affirm.
FACTS AND PROCEDURAL HISTORY
In the early morning of August 13, 2011, a Santa Maria police officer observed Guillen driving his vehicle erratically within the traffic lane. The officer stopped Guillen and administered field sobriety tests. Guillen failed the sobriety tests, and toxicology tests later revealed his blood-alcohol content to be 0.21…