People v. Uribe CA4/3

FACTS

Uribe was convicted by a jury of three counts of grand theft by false pretense, four counts of identity theft, and attempted petty theft by false pretenses. The trial court suspended Uribe’s sentence and placed him on formal probation for a period of three years, subject to certain terms, including payment of restitution. Uribe timely appealed.

DISCUSSION

Uribe limits his claim on appeal to his argument that the term of probation exceeds the maximum period of probation permitted when the court suspends imposition or execution of sentence. Effective January 1, 2021, the Legislature amended Penal Code section 1203.1, subdivision (a), to provide that, absent certain specified exceptions, the period of probation in a felony case with a suspended sentence may not exceed two years. Although Uribe was sentenced in 2020, he now asserts this amendment to the Penal Code has retroactive effect under In re Estrada (1965) 63 Cal.2d 740. (See People v. Quinn (2021) 59 Cal.App.5th 874 [holding the Estrada rule applied to this modification of Penal Code section 1203.1].) Uribe asks us to reduce the period of his probation to the new maximum: two years. The Attorney General concedes the…