Flores

INTRODUCTION

On September 20, 2019, defendant Jerman Flores was charged by information with one felony count of possession of a controlled substance for sale. (Health & Saf. Code, § 11378; count 1.) On October 21, 2020, pursuant to the terms of a plea bargain, the prosecutor amended the information to add one misdemeanor count of possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a); count 2); defendant pled no contest to count 2; and the trial court dismissed count 1 and placed defendant on probation for a term of three years with 60 days in custody and credit for 20 days of time served. Defendant filed a timely notice of appeal. Defendant raises one claim on appeal: entitlement to relief under Assembly Bill No. 1950 (2019–2020 Reg. Sess.) (Assembly Bill 1950 or Assem. Bill 1950), effective January 1, 2021. Assembly Bill 1950 amended former Penal Code sections 1203a and 1203.1, subdivision (a),1 to limit probation, respectively, to a period not to exceed one year in misdemeanor cases and two years in felony cases, subject to certain exceptions not applicable in this case. (Assem. Bill 1950, §§ 1–2.)2 The parties agree that Assembly Bill 1950 is retroactive…