People v. Montrose
163 Cal. Rptr. 3d 732
Cal. Ct. App.2013Background
- Kirk Montrose pleaded no contest in 2010–2011 to three felony convictions and the trial court imposed state prison terms (three years and two consecutive 8‑month terms) but suspended execution and placed him on probation.
- Probation was revoked in July 2011, later reinstated with treatment conditions, and ultimately terminated on December 9, 2011, when the court ordered execution of the previously imposed sentences.
- The California Realignment Act (§ 1170(h)) took effect October 1, 2011, redirecting many qualifying felony terms to county jail rather than state prison.
- Montrose argued his execution-of-sentence after October 1, 2011, entitled him to be committed to county jail under section 1170(h).
- The Attorney General conceded Montrose’s offenses qualified for realignment but relied on statutory language and precedent distinguishing sentences "imposed" before October 1, 2011.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 1170(h) requires county jail when an originally imposed but suspended prison sentence (imposed before Oct. 1, 2011) is executed after Oct. 1, 2011 | Realignment applies to any sentence executed on or after Oct. 1, 2011; thus Montrose must serve in county jail | Because sentence was "imposed" before Oct. 1, 2011, §1170(h) does not apply; execution of a pre‑existing sentence simply puts the original judgment in force | Court held §1170(h) does not apply; defendant must serve the previously imposed state prison term |
Key Cases Cited
- People v. Howard, 16 Cal.4th 1081 (Cal. 1997) (distinguishes suspending imposition from suspending execution; execution of an imposed-but-suspended sentence reinstates the original judgment)
- People v. Clytus, 209 Cal.App.4th 1001 (Cal. Ct. App. 2012) (held executing a suspended sentence after Oct. 1, 2011, requires county jail under §1170(h))
- People v. Wilcox, 217 Cal.App.4th 618 (Cal. Ct. App. 2013) (rejected Clytus; held realignment applies only to persons sentenced on or after Oct. 1, 2011)
- People v. Kelly, 215 Cal.App.4th 297 (Cal. Ct. App. 2013) (same conclusion as Wilcox; sentence imposed before Oct. 1, 2011 remains subject to original terms when executed)