People v. Ferguson CA1/2

BACKGROUND

I. The Complaint, Plea and Sentence In December 2017, the prosecution charged Ferguson with two counts of spousal abuse (Pen. Code, § 273.5, subd. (a))1 and one count of assault (§ 245, subd. (a)(4)). Ferguson pled no contest to one count of spousal abuse and the remaining counts were dismissed. At the March 2018 sentencing hearing, the trial court reviewed the probation report and received it into evidence. The probation report noted that Ferguson did “not appear to be a suitable candidate for probation because of his significant prior record, poor performance on both parole and probation,” but recommended probation because he entered a plea agreement. Pursuant to the plea agreement, the court suspended imposition of sentence and placed Ferguson on formal probation for three years subject to various terms and conditions. Probation was set to expire in 2021.

II.

Performance on Probation Ferguson violated probation several times. For example, in December 2018, Ferguson admitted violating probation and the trial court

Undesignated statutory references are to the Penal Code. Ferguson argues his probation expired on January 1, 2021, due to retroactive…