Browne

FACTS AND HISTORY OF THE PROCEEDINGS

Petitioner is the defendant in a criminal action (Super. Ct. Yolo County, No. CR17-5535). He pleaded no contest to violations of Penal Code sections 459, 530.5, subdivision (a), and 368, subdivision (e). (Unspecified statutory section citations that follow are to the Penal Code.) On February 5, 2018, the respondent court sentenced petitioner to three years of formal probation. On May 14, 2020, a petition was filed to revoke petitioner’s probation, alleging that on May 12, 2020, petitioner violated section 273.5, subdivision (a). That same day the respondent court summarily revoked petitioner’s probation. On November 18, 2020, an addendum to the petition was filed alleging on August 18, 2020, petitioner again violated probation by violating sections 242 and 594, subdivision (a)(1), both misdemeanors. On January 27, 2021, petitioner filed a motion to dismiss the trial court’s order revoking probation. Petitioner argued that Assembly Bill 1950 retroactively modified his probation to a term of two years so that it terminated on February 5, 2020. This date was before any petition for violation of probation was filed, so, according to petitioner,…