People v. Mitchell CA3

BACKGROUND

In 2018, defendant pleaded no contest to driving with a blood-alcohol level of .08 percent or more and admitted a prior conviction in 2016. The trial court placed him on formal probation for five years, with service of 240 days in jail as a condition of probation. In 2020, defendant pleaded no contest to being a felon in possession of a loaded firearm. The trial court suspended imposition of defendant’s sentence and placed him on informal probation for five years with conditions including 240 days in the county jail, with “7 days credit for time served.” The court told defendant that “[t]he sheriff will calculate any additional good time work time credits you might become entitled to.” The court also reinstated defendant’s probation in the 2018 case. Defendant timely appealed the judgments.

DISCUSSION

I Assembly Bill No. 1950 Defendant’s claims concern only the 2020 case. He first argues his (most recent) five-year term of probation must be reduced to two years under Assembly Bill No. 1950, which he contends applies retroactively because his judgment is not yet final. The People agree, as do we. Assembly Bill No. 1950 was signed into law on September 30, 2020, with…