Killion
People v. Killion
Opinion
lead Opinion
McKINSTER J.
*338 Defendant and appellant, Reyna Killion, filed a motion to reduce her conviction for felony assault with a deadly weapon to a misdemeanor and for termination of her probation. The court granted defendant's request to reduce her offense to a misdemeanor, but denied her request to *339 terminate her probation. On appeal, defendant contends the court erred in determining it did not have jurisdiction to terminate her probation. The order is reversed and remanded.
I. PROCEDURAL HISTORY
On October 29, 2015, the People filed a felony complaint charging defendant with domestic violence (count 1; Pen. Code, § 273.5, subd. (a) ) 1 and assault with a deadly weapon other than a firearm, an automobile (count 2; § 245, subd. (a)(1) ). On February 2, 2016, pursuant to a plea agreement, defendant pled guilty to assault with a deadly weapon other than a firearm. (§ 245, subd. (a)(1); count 2.) 2 In accord with the plea agreement, the court granted defendant three years of formal probation on domestic violence terms pursuant to section 1203.097.
On April 7, 2017, defendant filed a motion to reduce the offense to a misdemeanor and for termination of her probation. Defendant…