People v. Ferguson CA4/1

I.

INTRODUCTION

Edward Walter Ferguson pled no contest to one count of felony stalking of victim B.H. (Pen. Code, § 646.9, subd. (b).)1 Pursuant to the parties’ plea agreement, the trial court placed Ferguson on three years of formal probation. On appeal from the probation order, Ferguson contends that he is entitled to a reduction of his period of probation from three years to two years due to a retroactive change in the law that occurred while his appeal was pending. Ferguson notes that the new law provides in relevant part: “The court, or judge thereof, in the order granting probation, may suspend the imposing or the execution of the sentence and may direct that the suspension may continue for a period of time not exceeding two years . . . .” (§ 1203.1, subd. (a), italics added.) The People acknowledge that the change in the law applies retroactively and generally requires that periods of probation be no longer than two years. However, the People note that section 1203.1, subdivision (l) provides an exception to the two-year probation limit, stating in relevant part: “The two-year probation limit in subdivision (a) shall not apply to: (1) . . . [A]n offense that includes…