P. v. Llanes
In January 2010, defendant Christian Llanes pleaded guilty to possession of cocaine for the purpose of sale (Health & Saf. Code, § 11351) and driving a vehicle while having a blood-alcohol level of 0.08 percent or more (Veh. Code, § 23152, subd. (b)). Defendant also admitted to a prior conviction for driving under the influence (Veh. Code, § 23540). Consistent with the plea agreement, the trial court suspended imposition of sentence, placed defendant on five years of formal probation, and ordered defendant to serve 12 months in county jail.[1]
In November 2010, defendant admitted to violating his probation. The trial court thus imposed a two-year prison sentence, suspended execution of sentence, and reinstated probation with 365 days in county jail. After defendant admitted another probation violation in December 2011, the trial court terminated probation on defendant's conviction for possession of cocaine with the intent to sell and ordered execution of the previously imposed two-year state prison term.[2] Defendant asked the court to order his sentence be served in county jail pursuant to the Criminal Justice Realignment Act of 2011 (Realignment Act) (Stats. 2011, 1st Ex. Sess. 2011–2012, ch. 15, § 1). The trial court refused defendant's request. Defendant appealed.
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