Forester

INTRODUCTION

Defendant Mark Forester pleaded guilty to one count of felony stalking and was found guilty of five counts of disobeying a domestic violence restraining order. The trial court suspended imposition of sentence and

placed Forester on felony probation for a period of three years.1 Forester appeals the judgment and contends Penal Code section 1203.1, subdivision (a) precluded the court from imposing a probation term in excess

of two years.2 Section 1203.1, subdivision (a) places a two-year limitation on probation terms for most felony offenses. The People argue an exception to the two-year felony probation limitation applies because Forester was convicted of “an offense that includes specific probation lengths within its provisions.” (§ 1203.1, subd. (l)(1).) They assert Forester was convicted of an offense with a specific probation length because he stalked a victim of domestic violence within the meaning of section 1203.097. Section 1203.097, subdivision (a)(1) mandates “[a] minimum period of probation of 36 months” when a person is placed on probation for perpetrating a crime against a victim of domestic violence. We agree with the People. Because Forester was found…