People v. Cano CA2/3

INTRODUCTION

In October 2017, defendant Jose Ramon Cano was placed on probation for five years—the maximum term of probation authorized under former Penal Code section 1203.1, subdivision (a).1 In April 2020, the trial court summarily revoked his probation for the second time. Before the violation hearing could be conducted in April 2021, the Legislature passed Assembly Bill No. 1950 (2019–2020 Reg. Sess.) (AB 1950), which limited the maximum probation term for most felonies to two years. Defendant claimed AB 1950 retroactively shorted his probation term to two years, thereby absolving him of the alleged probation violation that occurred more than two years after probation had originally been imposed. The court disagreed and revoked and reinstated probation and ordered that defendant serve 364 days in jail, with probation to terminate upon his release from custody. On appeal, defendant argues the court erred by revoking his probation for conduct that took place more than two years after he was first placed on probation. Specifically, he argues that AB 1950, which became effective in January 2021, retroactively modified his probation term to two years. Defendant posits that his…