P.

DISCUSSION

I. Application of Amended Section 1170, Subdivision (h)

A. Argument Defendant contends that the trial court should have sentenced him to county jail under section 1170, subdivision (h), since, at the time of his October 5, 2011 sentencing, the offenses he committed were punishable by imprisonment pursuant to section 1170, subdivision (h). Defendant did not fall under any of the exceptions that would have required his sentence to be served in state prison. (§ 1170, subd. (h)(3).) Although an eight-year prison term was imposed with a stay of execution on January 12, 2010, the trial court’s actions at the October 5, 2011 hearing constituted a sentencing within the meaning of section 1170, subdivision (h)(6). B. Relevant Authority “The Realignment Act ‘enacted sweeping changes to long-standing sentencing laws,’ including replacing prison commitments with county jail commitments for certain felonies and eligible defendants. Section 1170, subdivision (h)(6) specifies the Act will be effective for all persons sentenced on or after October 1, 2011.” (People v. Clytus (2012) 209 Cal.App.4th 1001, 1004, fn. omitted.) Section 1170, subdivision (h)(2) provides that “a felony…