People v. Ochoa CA5

DISCUSSION

Defendant contends his three-year probationary term must be reduced to two years under section 1203.1, as amended by Assembly Bill 1950. The People agree, as do we.

All statutory references are to the Penal Code unless otherwise noted. Because defendant raises only sentencing issues, the facts underlying the offense are not relevant and are omitted from this opinion.

2. Assembly Bill 1950 amended section 1203.1, subdivision (a), limiting probation in felony cases to two years. (Stats. 2020, ch. 328, § 2.)3 Section 1203.1, subdivision (a) now reads,

“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, and upon those terms and conditions as it shall determine.” (§ 1203.1, subd. (a).) Assembly Bill 1950 went into effect on January 1, 2021. Absent evidence to the contrary, the Legislature intends amendments to statutes that reduce the punishment for a particular crime to apply to all defendants whose judgments are not yet final on the amendment’s operative date. (People v. Superior Court (Lara)…