California Court of Appeal

Trial court's imposition of a previously suspended three-year sentence upon a defendant for violating the terms of his probation is vacated where a trial court executing a suspended sentence for a probation violation on and after October 1, 2011, the effective date of the Realignment Act, has no discretion to send to prison a defendant who qualifies under the Act to serve the sentence in county jail. Here, the trial court no longer had the power to sentence defendant to prison for vehicle theft and identity theft, because they were no longer prison-eligible felonies.

Appellate Information

• Decided 10/02/2012
• Published 10/02/2012

Judges

• Grimes

Court

• California Court of Appeal

Counsel