P. v. Greenlow
Defendant Rodrell Greenlow appeals from a conviction of receiving stolen property (Pen. Code, § 496d, subd.(a)), following a negotiated disposition and no contest plea.[1] He contends the trial court erred in sentencing him to state prison rather than county jail under the Realignment Act (§ 1170, subd. (h); Stats. 2011, 1st Ex. Sess. 2011–2012, ch. 15, § 1) because the prosecutor neither pleaded nor proved the prior conviction which precluded county jail. He recognizes the Court of Appeal in People v. Griffis (2013) 212 Cal.App.4th 956, 961–965 (Griffis), rejected this same argument, holding there is no pleading and proof requirement for use of a prior conviction to disqualify a defendant from serving his or her sentence in county jail. He claims this holding was incorrect. We disagree, follow Griffis, and affirm.
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