P. v. Zimmerman
On October 3, 2011, defendant Joseph James Zimmerman pled no contest to possession of a writing pen knife (former ADDIN BA xc <@st> xl 32 s FKKPCD000001 xpl 1 l "Pen. Code, § 12020, subd. (a)(1)" Pen. Code, § 12020, subd. (a)(1))[1] in case No. P11CRF0479 and was placed on three years’ probation.
On November 28, 2011, defendant pled no contest to possession of methamphetamine ( ADDIN BA xc <@st> xl 27 s FKKPCD000003 xpl 1 l "Health & Saf. Code, § 11377" Health & Saf. Code, § 11377, subd. (a)) in case No. P11CRF0562 and admitted violating his probation in case No. P11CRF0479. The trial court reinstated probation and ordered defendant to serve 90 days in jail.
On October 15, 2012, defendant admitted violating his probation in both cases. The trial court sentenced defendant to two years in state prison in case No. P11CRF0479 and imposed a concurrent two-year term in case No. P11CRF0562.
On appeal, defendant contends the trial court erred in failing to sentence him pursuant to the county jail provisions of the ADDIN BA xc <@st> xl 40 s FKKPCD000004 l "Criminal Justice Realignment Act of 2011" Criminal Justice Realignment Act of 2011 (Stats. 2011, ch. 15, § 482; Stats. 2011, ch. 39, § 53; and Stats. 2011, 1st Ex. Sess., ch. 12, § 35; hereafter Realignment Act). Agreeing with defendant, we vacate the sentence and remand for resentencing pursuant to ADDIN BA xc <@osdv> xl 29 s FKKPCD000013 l "section 1170, subdivision (h)" section 1170, subdivision (h).
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