People v. Stewart CA1/2

BACKGROUND

Steven Matthew Stewart was placed on probation after pleading no contest to one count of assault by means likely to result in great bodily injury. He challenged the imposition of a probation condition requiring him to refrain from using marijuana as unrelated to his offense or future criminality, and we affirmed in an unpublished opinion. (People v. Stewart (A157857, Nov. 12, 2020 [nonpub. opn.].) While the appeal was pending, the Legislature enacted Assembly Bill No. 1950 (Assembly Bill 1950), amending Penal Code section 1203.1, subdivision (a), to limit felony probation to a 1 maximum term of two years, absent circumstances not applicable here. (Stats. 2020, ch. 328, § 2, eff. Jan. 1, 2021.) Stewart petitioned for rehearing, seeking the benefit of the amended statute. We granted Stewart’s petition for rehearing and issued an opinion April 7, 2021, modifying the probation order to specify that he was granted probation for a period of two years. In so doing, we rejected the Attorney General’s arguments that (1) Assembly Bill 1950 does not apply retroactively and (2) if it does, the case would have to be remanded to give the prosecution an opportunity to either agree to…