People v. Allen CA4/1

INTRODUCTION

Defendant Sammy Vanjewel Allen appeals a judgment of conviction

after he pleaded guilty to unlawful possession of a firearm (Pen. Code, 1 § 29820; count 1) and unlawful possession of ammunition (§ 30305, subd. (a)(1); count 2). The trial court placed the defendant on formal probation for a period of three years with 270 days of local custody. The defendant claims the trial court erred by: (1) denying a motion to suppress evidence obtained in violation of his Fourth Amendment rights; and (2) imposing a probation condition requiring him to submit his cell phones and electronic devices to warrantless searches at any time. He also argues he is entitled to a remand and resentencing based on the recent enactment of Assembly Bill No. 1950 (2019–2020 Reg. Sess.), which limits felony probation terms to a maximum of two years. Further, he claims a $154 criminal justice administration fee (Gov. Code, § 29550.1) should be stricken from the sentence due to the recent passage of Assembly Bill No. 1869 (2019–2020 Reg. Sess.). We agree with the defendant that the trial court erred by imposing a probation condition requiring him to submit his cell phones and electronic devices to…