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PEOPLE v. VEGA

No. F065909.

222 Cal.App.4th 1374 (2014)

166 Cal. Rptr. 3d 506

THE PEOPLE, Plaintiff and Appellant, v. DAVID VEGA, Defendant and Respondent.

Court of Appeals of California, Fifth District.

January 15, 2014.

Attorney(s) appearing for the Case

Tim Ward , District Attorney, Shani D. Jenkins , Assistant District Attorney, Afreen A. Kaelble , John F. Sliney and Barbara Greaver , Deputy District Attorneys, for Plaintiff and Appellant.

Salvatore Sciandra and Lisa M. Sciandra for Defendant and Respondent.

OPINION

PEÑA, J. —

INTRODUCTION

When the underlying felony offense specifies imprisonment in the county jail and an enhancement to that felony specifies imprisonment in state prison, which provision controls placement of the felon when he or she is denied probation? The People contend the trial court imposed an illegal sentence when it modified its commitment of defendant David Vega from five years in a state prison facility...

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