Segura

Luis Gregorio Segura appeals the denial of his motion to reduce a 365 day jail term imposed as a condition of probation upon his conviction of one count of corporal injury to a spouse. (Pen.Code, § 273.5, subd. (a).) [1] The trial court denied the request based on its belief it lacked authority to modify the jail term because it had been imposed as part of a plea bargain. We conclude that under section 1203.3 a trial court enjoys continuing authority to modify the terms and conditions of probation, even over the People's objection and notwithstanding any plea agreement. Consequently, we remand to permit the trial court to reconsider Segura's motion.

On September 14, 2005, Segura entered into a plea bargain pursuant to which he pleaded no contest to one count of corporal injury to a spouse. (§ 273.5, subd. (a).) In exchange, the allegation of a prior conviction within the meaning of the Three Strikes law (§§ 667, subs, (b)-(i), 1170.12) was dismissed and the trial court granted Segura probation on condition he serve 365 days in the county jail. The waiver form executed by Segura in connection with the change of plea further indicated the current conviction would not…