P. v. Agasihorn
Defendant Cody Agasihorn pleaded guilty to felony leaving the scene of an accident (Veh. Code, § 20001, subds. (a), (b)(1)) with a stipulated term of 16 months in county jail to be served concurrently with a three-year county jail term previously imposed in Calaveras County Case No. F4550.
The trial court later indicated that a felony violation of Vehicle Code section 20001, subdivision (a) was not subject to the provisions of Penal Code section 1170, subdivision (h), but was instead punishable by confinement in state prison. After briefing and argument on the matter, the trial court ruled that defendant could not be sentenced to county jail and was subject to state prison. Defendant declined the trial court’s invitation to withdraw his plea, and the trial court sentenced him to a 16-month state prison term concurrent to the three-year county prison term in Calaveras County Case No. F4550.
On appeal, defendant contends the trial court was without authority to impose a state prison rather than a county jail term. We affirm the judgment.
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