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PEOPLE v. MONTROSE

No. F064261.

220 Cal.App.4th 1242 (2013)

163 Cal. Rptr. 3d 732

THE PEOPLE, Plaintiff and Respondent, v. KIRK ALLEN MONTROSE, Defendant and Appellant.

Court of Appeals of California, Fifth District.

October 29, 2013.

Attorney(s) appearing for the Case

Carol Foster , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Julie A. Hokans and Ryan B. McCarroll , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

DETJEN, J. —

Following the termination of his probation, defendant Kirk Allen Montrose was sentenced to state prison. On appeal, he claims he instead should have been committed to county jail pursuant to Penal Code section 1170, subdivision (h). We disagree. That statute does not apply to persons whose sentences, imposed but suspended prior to October 1, 2011, were executed after that date. We affirm.

PROCEDURAL...

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