People v. Piedad CA1/1

INTRODUCTION

Defendant Anastacio Piedad appeals the trial court’s order extending his probationary period by two years, contending the trial court’s order is invalid for lack of jurisdiction. We agree with defendant and therefore vacate the trial court’s order.

FACTUAL AND PROCEDURAL BACKGROUND

In a felony complaint filed on May 3, 2010, defendant was charged with failure to register annually as a sex offender under Penal Code section 290.012.1 The complaint also alleged defendant had suffered a prior conviction with a prison term within the meaning of section 667.5. On May 21, 2010, defendant pleaded no contest to the charge of failure to register. Upon the People’s motion, the allegation of a prior conviction with a prison term was dismissed and the matter referred to probation for a sentencing report. At a sentencing hearing on June 21, 2010, the trial court suspended imposition of sentence and placed defendant on probation for a period of three years under specified

1 Further statutory references are to the Penal Code unless otherwise specified. 1 conditions. As pertinent here, the court ordered defendant to pay administrative fees in the amount of $200 under section…