People v. Scott
Annotate this CaseThis appeal centered on the Realignment Act, which changed the punishment for some felony convictions. The Legislature provided that the sentencing changes “shall be applied prospectively to any person sentenced on or after October 1, 2011.” At issue in this case was whether the Act applies to defendants, such as the defendant in this case (Defendant), whose state prison sentences were imposed and suspended prior to October 1, 2011. The court of appeal determined that the trial court did not err in directing that Defendant’s sentence should be served in county jail rather than in state prison. The Supreme Court reversed, holding (1) the Act is not applicable to defendants who have had a state prison sentence imposed and suspended prior to October 1, 2011; and (2) therefore, upon revocation and termination of Defendant’s probation, the trial court erred, when ordering execution of Defendant’s previously imposed sentence, in committing Defendant to the county jail under the terms of the Act rather than to state prison according to the terms of the original sentence.
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