P.

DISCUSSION

Effective October 1, 2011, as part of the 2011 realignment legislation, a new category of legislatively deemed low level felonies was created. Penal Code section 1170, subdivision (h)(2), provides that a felony punishable under this subdivision shall be punishable by imprisonment in a county jail for the term described in the underlying offense. Exceptions to this are persons who have been convicted of prior or current violent or serious felonies or enhancements, or who are required to register as sex offenders. (Pen. Code, § 1170, subd. (h)(3).) A defendant who otherwise qualifies is eligible for the additional benefit of a split sentence, in which the prisoner can serve the concluding portion of the term selected on supervised release from custody. (Pen. Code, § 1170, subd. (h)(5)(B).) Appellant contends he should be afforded the benefits of serving his term in the county jail or having his sentence split between county jail and supervised release even though the latest amendment to Penal Code section 1170, subdivision (h), states it is

2. meant to apply prospectively to persons sentenced on or after October 1, 2011. (Pen. Code, § 1170, subd. (h)(6).) Appellant was…