Gipson

James Davis Gipson, Jr. (Gipson), appeals from the order revoking his probation, vacating the suspension of a previously *1526 imposed sentence and committing him to prison for five years. He contends that there was insufficient evidence of a probation violation. In addition, he argues that his commitment to state prison violates the Criminal Justice Realignment Act of 2011 (Realignment Act) because his sentence was executed after the threshold date of October 1, 2011. Neither contention has merit.

With respect to the Realignment Act, we note that in People v. Clytus (2012) 209 Cal.App.4th 1001, 1004 [ 147 Cal.Rptr.3d 448 ] (Clytus), Division Eight of our district held that a defendant is sentenced for purposes of the Realignment Act on the date a trial court orders a previously imposed but suspended sentence to be executed. We disagree with Clytus and hold that a defendant is sentenced on the date that sentence is first announced and imposed even if execution of the sentence does not happen until a later date.

We affirm.

FACTS

Gipson is a member of a gang called the Grape Street Crips.

He pleaded guilty to possessing a firearm while a felon, in violation of Penal…