P. v. Depicciotto
On July 14, 2008, defendant Elizabeth Frances Depicciotto pleaded no contest to second degree burglary (Pen. Code, § 459).[1] On September 10, 2008, the trial court suspended imposition of sentence and placed defendant on three years’ formal probation.
Defendant admitted violating her probation on January 21, 2009. The trial court revoked and reinstated probation on February 19, 2009.
On October 8, 2009, defendant admitted violating her probation and admitted additional violations on July 12, 2010. On December 6, 2010, the trial court revoked probation, sentenced defendant to three years in state prison, suspended execution of sentence, and reinstated probation.
Following a contested hearing held on April 4, 2012, the trial court found defendant had violated her probation. On May 18, 2012, the trial court executed the previously suspended sentence and imposed a three-year state prison term over defendant’s objection.
On appeal, defendant contends the trial court should have sentenced her to county jail pursuant to section 1170, subdivision (h), and the county jail provisions of section 1170, subdivision (h) should be applied retroactively as a matter of equal protection. We affirm.
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