People v. Hazeen CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background In October 2017, the prosecution charged Hazeen with two counts: count 1—lewd or lascivious act on a child under fourteen (Pen. Code, § 288, subd. (a))1; and count 2— sexual battery (§§ 242, 243.4, subd. (e)(1)). In July 2018, Hazeen pleaded no contest to misdemeanor sexual battery (§§ 242, 243.4, subd. (e)(1)). In accord with a plea agreement, the trial court granted a three-year term of formal probation including 180 days in county jail and various fines and fees in May 2019. B. Facts of the Offense According to the probation report, the incident occurred at the Great America Theme Park in August 2017. Police received a report of a male inappropriately touching females in the wave pool. A 26-year-old woman told police Hazeen grabbed her buttocks for about five seconds. She then saw him rub his backside against a young girl. Hazeen told police the contact was accidental.

II. DISCUSSION

A. Retroactivity of Assembly Bill No. 1950 As set forth above, the trial court granted a three-year term of probation in May 2019. Effective January 1, 2021, Assembly Bill 1950 amended section 1203a, reducing the maximum term of…