People v. Arriaga CA4/2

BACKGROUND

On April 19, 2019, pursuant to a negotiated plea agreement, Adrian Arriaga

pleaded guilty to one felony count of assault by force likely to produce great bodily

injury (Pen. Code, § 245, subd. (a)(4)) in exchange for a grant of probation. (Unlabeled

statutory references are to the Penal Code.) The trial court suspended imposition of

sentence and placed Arriaga on formal probation for 36 months with various terms and

conditions, including a custody term of 210 days in county jail, which Arriaga was

permitted to complete on a work release program. (See § 4024.2.)

Effective January 1, 2021, Assembly Bill No. 1950 (2019-2020 Reg. Sess.)

(Stats. 2020, ch. 328, § 2) (Assembly Bill 1950) amended section 1203.1 so that the

maximum period of probation for most felonies shall not exceed two years. (§ 1203.1,

subds. (a), (l).) On May 3, 2021, the Riverside County Probation Department filed a

motion for probation modification to change Arriaga’s probation expiration date from

April 18, 2022, to April 18, 2021, and to deem probation terminated by operation of law.

The court denied the motion, and Arriaga appealed. In their briefs on appeal, the parties

agreed that…