People v. Gomez CA5

DISCUSSION

Assembly Bill 1950 went into effect on January 1, 2021, while this appeal was pending. It amended section 1203.1 to limit the probation period for most felony violations to two years. (§ 1203.1.) The parties agree Assembly Bill 1950 applies to appellant, as do we. “[T]he … limitation[s] on … probation set forth in Assembly Bill [] 1950 [are] ameliorative change[s] to the criminal law that [are] subject to the [In re] Estrada [(1965) 63 Cal.2d 740] presumption of retroactivity.” (People v. Sims (2021) 59 Cal.App.5th 943, 963–964; accord, People v. Quinn (2021) 59 Cal.App.5th 874, 883–885.) Therefore, the amendment to section 1203.1 applies to all cases not final on Assembly Bill 1950’s effective date. (In re Estrada, at p. 742.) Appellant’s case was not final as of January 1, 2021, and she was sentenced to a term of felony probation exceeding two years for an offense that is not exempt from the two-year limit on felony probation. (§§ 1203.1, subd. (m), 667.5, subd. (c).) We therefore accept respondent’s concession that Assembly Bill 1950 applies to appellant. The parties disagree on the appropriate remedy. Appellant argues we can and should reduce her probation period…