Kuhnel
Kuhnel v. Appellate Division
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…