Delgado
People v. Delgado
Opinion
Lead Opinion
Gilbert, J.
The recently enacted Realignment Act (Act) (Pen. Code, § 1170, subd. (h)) 1 provides that certain adult felons receive commitments to county jail instead of state prison. The Act excludes felons who have prior serious or violent felony convictions. It appears to exempt from this exclusion felonies that stem from juvenile adjudications. In this respect, the Act conflicts with the “Three Strikes” law (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)), which the Legislature can amend only by a supermajority vote (§ 667, subd. (j)). We therefore hold that felons whose records include juvenile adjudications that involve serious or violent felonies may not receive county jail commitments under the Act.
Arturo Delgado appeals a judgment after conviction upon guilty plea of resisting an executive officer. (§ 69.) He admitted two prior serious or violent strikes, both of which were juvenile adjudications. (§§ 1170.12, subds. (a), (b)(1) & (3), 667, subds. (c), (d)(1) & (3).) We order a correction to the abstract of judgment regarding presentence custody credit and otherwise affirm.