Hutton

People v. Hutton

Good Law
199 Cal. Rptr. 3d 882·2016 Cal. App. LEXIS 189·245 Cal. App. 4th 703
Court of Appeal of CaliforniaMarch 14, 2016F068887California3,967 words

Opinion

Lead Opinion

Peña, J.

INTRODUCTION

*706 As a result of the Criminal Justice Realignment Act of 2011 (Stats. 2011, ch. 15, § 1), numerous offenses previously punishable by specified terms in state prison are now punishable by serving that same term in local custody at the county jail. ( People v. Vega (2014) 222 Cal.App.4th 1374 , 1379, 166 Cal.Rptr.3d 506 .) In this case, we consider what effect serving a term in the county jail rather than in prison, and being released on "sheriff's parole" instead of regular prison parole, has on entitlement to presentence credits and to the use of the jail commitment as a "prison prior." We conclude the location of a defendant's service of his or her felony sentence makes no significant difference on how these issues should be analyzed and resolved.

In 2013, defendant Chris Kenneth Hutton received a felony conviction in case No. BF147747A (case BF147747A) and was sentenced to a two-year term in county jail to be followed by two years of mandatory supervision. Within months after he was sentenced, he was released from custody on sheriff's parole. He thereafter was arrested and convicted by a jury on a charge of receiving stolen property in the instant case. Among…

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