A161128

[Published Opinion] Finding no rational basis to deny those convicted of Penal Code section 18710 (simple possession of a destructive devise) the benefits of a county jail sentence that the Realignment Legislation affords those convicted of the more serious Penal Code section 1170(h)-eligible destructive device offenses, the Court of Appeal reformed section 18710 to make its violation punishable under the sentencing provisions of section 1170(h). The Court then remanded the matter to the trial court with directions to terminate appellant’s post-release supervision and to modify the judgment consistent with its opinion.

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