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PEOPLE v. DELGADO

No. B240880.

213 Cal.App.4th 1357 (2013)

153 Cal. Rptr. 3d 374

THE PEOPLE, Plaintiff and Respondent, v. ARTURO DELGADO, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

February 25, 2013.

Attorney(s) appearing for the Case

Stephen P. Lipson , Public Defender, Michael C. McMahon , Chief Deputy Public Defender, and Cynthia Ellington , Deputy Public Defender, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Victoria B. Wilson and Seth P. McCutcheon , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GILBERT, P. J. —

The recently enacted Realignment Act (Act) (Pen. Code, § 1170, subd. (h))1 provides that certain adult felons receive commitments to county jail instead of state prison. The Act excludes felons who have prior serious or violent felony convictions. The Act appears to exempt from this exclusion felonies that stem from juvenile adjudications. In this respect, the Act conflicts with...

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