Shelly

People v. Shelly

Good Law
Court of Appeal of CaliforniaJuly 14, 2022C094048California8,106 words

Opinion

Opinion

Earl, J.

DISCUSSION

I Assembly Bill 1950 Assembly Bill 1950 (Stats. 2020, ch. 328) took effect on January 1, 2021. It generally limits felony probation to a maximum of two years. (§ 1203.1, subd. (a).) There is an exception for felony convictions for, among other things, section 503 (embezzlement) if the total value of the property taken exceeds $25,000, in which case probation is limited to a maximum of three years.4 (§ 1203.1, former subd. (m)(2).) Defendant argues that Assembly Bill 1950 is retroactive and requires that her probation term be reduced to comply with its new limits. The People agree. Both parties also agree that, under Assembly Bill 1950, the maximum period of defendant’s probation is now three years because she pled no contest to embezzlement by an employee and the total value of the property taken exceeded $25,000, as evidenced by the restitution order, which included over $27,000 in forged checks.

3 Although defendant did not obtain a certificate of probable cause, we agree she did not need one because she does not challenge the validity of her plea, but rather presents a postplea claim “seek[ing] relief because the law subsequently changed to [her] potential…

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