QUESTION
“How much time with my b do in state prison? He was sentenced to 2 years with half. And, will he do his time in county jail? He was been in jail since March 31st of this year. His charges where a misdemeanor dui and felony evading. He was sentenced to 2 years with half in state prison with 143 days time served. And by any chance will he do is time in the county jail?”
ANDREW’S ANSWER
Standard felony evading is usually PC 2800.2(a):
“2800.2. (a) If a person flees or attempts to elude a pursuing peace officer in violation of Section 2800.1 and the pursued vehicle is driven in a willful or wanton disregard for the safety of persons or property, the person driving the vehicle, upon conviction, shall be punished by imprisonment in the state prison…”
That last clause above is important because of PC 17(a):
“17. (a) A felony is a crime that is punishable with death, by imprisonment in the state prison, or notwithstanding any other provision of law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170.”
In order for county jail to be the house, 2800.2(a) would have to say “punishable pursuant to subdivision (h) of Section 1170” instead of “punished by imprisonment in the state prison.”
State prison it is.