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PEOPLE v. KELLY

No. E055263.

215 Cal.App.4th 297 (2013)

154 Cal. Rptr. 3d 898

THE PEOPLE, Plaintiff and Respondent, v. DRUDELL RODRICK KELLY, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

April 10, 2013.

Attorney(s) appearing for the Case

Kari E. Hong , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, Lilia E. Garcia and Kristine A. Gutierrez , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

McKINSTER, J. —

In this case, we consider whether, after the operative date of the Criminal Justice Realignment Act of 2011 (Stats. 2011, 1st Ex. Sess. 2011-2012, ch. 12, § 1; Pen. Code, § 1170, subd. (h))1 (hereafter the Realignment Act or the Act), a defendant whose probation is revoked must serve his or her previously imposed and suspended sentence in state prison, according to the terms...

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