People v. Hernandez CA2/4

INTRODUCTION

Assembly Bill No. 1950 (2019-2020 Reg. Sess.) (AB 1950), effective January 1, 2021, amended Penal Code section 1203.1 to limit the maximum probation term for felony offenses to two years (with exceptions not at issue 1 here). In May 2021, appellant Sergio Hernandez was charged with one felony count of dissuading a witness by force or threat, to which he pled no contest. Pursuant to a plea agreement, he was placed on probation for three years. On appellant’s appeal from the order granting probation, the parties agree appellant is entitled under AB 1950 to have the duration of his probation term reduced from three to two years. We concur. We reject the Attorney General’s request that we remand for a resentencing hearing. Instead, we affirm the judgment as modified by reducing the term of probation to two years, and direct the trial court to amend the minute order granting probation to reflect the two-year term.

1 Undesignated statutory references are to the Penal Code.

BACKGROUND

In May 2021, appellant was charged with, inter alia, one count of dissuading a witness by force or threat (§ 136.1, subd. (c)(1)) (count two). In July 2021, appellant pled no contest to…