Supreme Court of California

The Realignment Act is not applicable to defendants whose state prison sentences were imposed and suspended prior to October 1, 2011. Upon revocation and termination of such a defendant's probation, the trial court ordering execution of the previously imposed sentence must order the sentence to be served in state prison according to the terms of the original sentence, even if the defendant otherwise qualifies for incarceration in county jail under the terms of the Realignment Act.

Appellate Information

• Decided 05/19/2014
• Published 05/19/2014

Judges

• CANTIL-SAKAUYE

Court

• Supreme Court of California

Counsel