People v. Hart CA2/6

FACTS

Hart was convicted of violating section 273.5, subdivision (a) on July 8, 2016. He was placed on five years’ probation. On November 9, 2020, the People filed a notice of probation violation with a scheduled hearing date of November 12, 2020. They alleged, among other things, that Hart did not report to the probation department, his whereabouts were “unknown,” and he did not attend a court-ordered treatment program. On November 12, 2020, the trial court summarily revoked Hart’s probation and scheduled a probation violation hearing on November 19, 2020. On November 19, the court continued the case to December 3, 2020. On December 3, the court continued the case to January 5, 2021. The case was continued again to January 7, and then to January 14. Hart moved to terminate probation as expired. He claimed Assembly Bill No. 1950, which was passed by the Legislature and signed by the Governor on September 30, 2020, reduced his probation term to four years. The trial court continued the case to January 19, 2021. At that hearing the People argued that Hart’s violations “occurred in November of 2020” and his probation “was revoked.” At that time, Assembly Bill No. 1950 was not the…