P.

DISCUSSION

We need not set forth the facts underlying defendant’s offense because they are unnecessary to the resolution of the issue defendant raises on appeal. Defendant contends the trial court should have imposed a county jail term pursuant Penal Code section 1170, subdivision (h), because his offense was neither pleaded nor proved as a serious felony. Penal Code section 1170, subdivision (h) states in pertinent part: “(h) (1) Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years. [¶] (2) Except as provided in paragraph (3), a felony punishable pursuant to this subdivision shall be punishable by imprisonment in a county jail for the term described in the underlying offense.” These provisions do not apply if the defendant has a current or prior serious or violent felony conviction, is required to register as a sex offender, or is subject to an enhancement under Penal Code section 186.11. (Pen. Code, § 1170, subd. (h)(3).) Vehicle Code section 20001, subdivision (a) makes it a crime to leave…