Dauterman

BACKGROUND

Pursuant to a November 2020 negotiated resolution, Dauterman pled no contest to one count of making criminal threats (Pen. Code, § 422)1 and admitted he previously committed a serious felony (§ 667, subd. (a)(1)) in exchange for (1) the prosecution’s dismissal of other allegations of criminal conduct, (2) a suspended eight-year term in prison, and (3) a period of probation under conditions to be set by the trial court, including credit for time served in county jail. Dauterman told the trial court he understood he faced eight years in state prison if he violated probation. A January 2021 probation report recommended Dauterman be placed on probation “only because of the stipulated agreement.” It also recommended numerous terms and conditions of probation, including that Dauterman (1) report to probation at least once a month or as otherwise directed by a probation officer, (2) pay a conviction assessment of $30 pursuant to section 70373 of the Government Code, and (3) be confined 228 days in county jail “with credit for the time heretofore served.” In a February 16, 2021 hearing, the parties and the trial court confirmed that due to the enactment of Assembly Bill No.…