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P. v. Zubko

Defendant Sergei Zubko pleaded no contest to driving under the influence of drugs (Veh. Code, § 23152, subd. (a)) within 10 years of three or more prior convictions for driving under the influence (Veh. Code, § 23550, subd. (a)), and admitted serving a prior prison term (Pen. Code, § 667.5, subd. (b)).[1] The trial court sentenced defendant to four years in state prison, but suspended execution of sentence and placed defendant on probation for four years.
Less than four months later, the Criminal Justice Realignment Act of 2011 (the Realignment Act)[2] took effect on October 1, 2011. With certain exceptions, felons sentenced under the Realignment Act are committed to jail rather than prison, may have a concluding portion of their sentence suspended in lieu of probation, and are not subject to parole. (§§ 3000 et. seq., 1170, subds (h)(1)-(3), (5).) Prison sentences are imposed, however, for felons who have current or prior serious or violent felony convictions, who are required to register as sex offenders, or who have sustained a section 186.11 aggravated white collar crime enhancement. (§ 1170, subd. (h)(3).) Defendant’s offenses in this case are not among the crimes exempted from a jail commitment under the Realignment Act. Nonetheless, the Realignment Act sentencing scheme applies prospectively to defendants “sentenced on or after October 1, 2011.” (§ 1170, subd. (h)(6).)

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