California Court of Appeal

The trial court's modification of defendant's sentence from five years in a state prison facility to five years in county jail is reversed and remanded for resentencing, where: 1) because Health and Safety Code section 11379.7(a), a sentencing enhancement, expressly requires an additional punishment of "two years in the state prison," defendant was not eligible for county jail placement; and 2) this is true, even though the underlying offense of which defendant was convicted would otherwise allow for a local jail commitment.

Appellate Information

• Decided 01/15/2014
• Published 01/15/2014

Judges

• PEÑA

Court

• California Court of Appeal

Counsel