P. v. Pollock
Defendant, Gregory Allen Pollock, pled no contest to possessing cocaine base for sale and the trial court sentenced him, as agreed, to the low term of three years in prison after striking a “strike.†Defendant argues the case should be remanded for re-sentencing because the trial court should have sentenced him to serve his time in county jail, rather than state prison, under recent legislation known as the Realignment Act. As discussed below, the very fact that defendant had a prior “strike†conviction, even if stricken for sentencing purposes, made him ineligible to serve his time in county jail under the Realignment Act.
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