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Legal Opinion

People v. Montrose

California Court of Appeal

Decided October 29, 2013No. F064261PublishedCited by 7 opinions

1Opinion of the Court

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 HISTORY

On April 14, 2010, a complaint was filed in Merced County Superior Court case No. CRM009080 (case No. 9080), charging defendant with possessing methamphetamine (Health &…

2Cases cited10 opinions

  1. People v. HowardCalifornia Supreme Court · 1997
  2. People v. LicasCalifornia Supreme Court · 2007
  3. People v. CruzCalifornia Court of Appeal · 2012
  4. People v. MoraCalifornia Court of Appeal · 2013
  5. People v. ClytusCalifornia Court of Appeal · 2012

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3Cited by7 opinions

  1. People v. ScottCalifornia Supreme Court · 2014
  2. People v. NoyanCalifornia Court of Appeal · 2014
  3. People v. MartinezCalifornia Court of Appeal · 2015
  4. People v. CampCalifornia Court of Appeal · 2015
  5. People v. CampCalifornia Court of Appeal · 2015

2 more not listed; retrieve them via the Exa API.

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