Kuhnel

Kuhnel v. Appellate Division

Good Law
Court of Appeal of CaliforniaDecember 17, 2025A163307ACalifornia4,135 words

Opinion

Opinion

Filed 12/17/25; Opinion following transfer from Supreme Court

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

KELLIE KUHNEL,

Petitioner, v.

APPELLATE DIVISION OF THE A163307

SUPERIOR COURT OF CONTRA

COSTA COUNTY, (Contra Costa County Super. Ct. Nos. 01-175495-1, Respondent; 5-210601-1)

THE PEOPLE,

Real Party in Interest.

Kellie Kuhnel seeks a writ of mandate directing the trial court to terminate her probation on the ground she is entitled to the retroactive benefit of a statutory amendment reducing the length of probationary terms. Previous law generally allowed a court to place a defendant convicted of a misdemeanor on probation for up to three years. (Pen. Code, former § 1203a.)1 Effective January 1, 2021, this default period was reduced to one year. (Assem. Bill No. 1950 (2019–2020 Reg. Sess.) (Assembly Bill 1950), Stats. 2020, ch. 328, § 1; Pen. Code, § 1203a.) Our high court recently concluded that because Assembly Bill 1950 applies retroactively to cases that are not yet final, it reduces the length of probationary terms imposed…

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