People v. Antolin

In 2013, jury convicted defendant of possession of methamphetamine for sale. The trial court found defendant had three prior narcotics sales convictions and sentenced defendant to 11 years in county jail pursuant to former Penal Code section 1170(h)(5)(A), the Realignment Act. The court of appeal affirmed. Defendant then successfully moved to recall his sentence and modify it to provide he serve the remaining term on mandatory supervision, to permit him to complete his sentence in a residential drug treatment program. The court ordered an 11-year split sentence with the period of mandatory supervision to begin that day. The state appealed. The court of appeals reversed. Under the Realignment Act in effect in 2013 (later amended), the trial court lacked the authority to modify the sentence after the execution of defendant‘s sentence for a term in county jail pursuant to the Realignment Act had begun. View "People v. Antolin" on Justia Law