People v. Martinez CA5

INTRODUCTION

In 2020, appellant Michael James Martinez pleaded no contest to carrying a concealed firearm in a vehicle (Pen. Code, § 25400, subd. (a)(1);1 count 1) and he pleaded no contest to misdemeanor driving under the influence of alcohol (DUI) (Veh. Code, § 23152, subd. (a); count 3). Appellant admitted (1) he was not the registered owner of the firearm, which was loaded or ammunition was readily available (§ 25400, subds. (c)(6)(A) & (B)); (2) he had a prior DUI conviction; and (3) his blood- alcohol level for the current offense was 0.28 percent. The trial court suspended imposition of judgment and sentence for three years, and appellant was placed on formal probation under various terms and conditions. Appellant was ordered to serve 223 days in custody, with credit for time served. In relevant part, the court imposed certain fees under former section 1203.1b and former section 987.8. Appellant raises two issues. First, based on the passage of Assembly Bill No. 1950 (2019–2020 Reg. Sess.) (Assembly Bill 1950), he contends his three-year probationary term must be reduced to two years. Second, based on the passage of Assembly Bill No. 1869 (2019–2020 Reg. Sess.) (Assembly…