1170(h)(3) just states that punishment for certain offenses must be served in state prison. Defendants convicted of such offenses are not eligible for serving their sentence in county jail.
667.5 is an enhancement to a sentence if one previously served time in prison. This would not apply to your son.
The person you should be asking this question to is his attorney.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
Did he have an attorney? You should also consider giving them a call since they know all the facts. THe other attorneys gave good general answers.
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