What is the effect of the Criminal Justice Realignment Act on sentencing of a convicted fraudster to county jail rather than state prison?

California, United States of America


The following excerpt is from People v. Pollack, A141132 (Cal. App. 2015):

Defendant contends that under the Criminal Justice Realignment Act of 2011 (Realignment Act), Penal Code section 1170, subdivision (h), he should have been sentenced to the county jail, and not state prison.3 "As relevant here, the Realignment Act significantly changes the punishment for some felony convictions. Under the terms of the Act, low-level felony offenders who have neither current nor prior convictions for serious or violent offenses, who are not required to register as sex offenders and who are not subject to an enhancement for multiple felonies involving fraud or embezzlement, no longer serve their sentences in state prison. Instead, such offenders serve their sentences either entirely in county jail or partly in county jail and partly under the mandatory

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supervision of the county probation officer." (People v. Scott (2014) 58 Cal.4th 1415, 1418.)

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