California Court of Appeal

Order revoking probation, executing suspended sentence and sending defendant to state prison is affirmed, where: 1) a defendant whose felony sentence was imposed prior to October 1, 2011, the operative date of the Realignment Act, but executed after that date, must serve the sentence in state prison, and thus, defendant was not entitled to serve his sentence in local custody; and 2) Penal Code section 1170(h)(6), as applied in this case, does not violate equal protection principles.

Appellate Information

• Decided 04/10/2013
• Published 04/10/2013

Judges

• McKINSTER

Court

• California Court of Appeal

Counsel