People v. Haney CA5

DISCUSSION

A. Possession of Marijuana in Prison Until recently, California Courts of Appeal were split on the issue of whether possession of less than 28.5 grams of marijuana in prison remained a crime after Proposition 64 became effective. Our Supreme Court has resolved that split. “[P]ossession of cannabis in prison remains a violation of Penal Code section 4573.6.” (People v. Raybon (2021) 11 Cal.5th 1056, 1060.) We are bound by our Supreme Court’s holding. (Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 455.) For that reason, we affirm defendant’s conviction.

3. B. Assembly Bill 1950 1. Applicability Effective January 1, 2021, Assembly Bill 1950 amended section 1203.1 (Stats. 2020, ch. 328, § 2) to limit the maximum probation term a trial court is authorized to impose for most felony offenses to two years. (§ 1203.1, subds. (a) & (m).) “[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, 964; accord, People v. Quinn (2021) 59 Cal.App.5th 874, 883–885.)…