People v. Lubich CA2/3

INTRODUCTION

This is defendant Martin Libich’s second appeal stemming from his convictions for aiding and abetting the stalking and electronic harassment of his ex-girlfriend and the electronic harassment of his child. In this appeal, Libich contends the court erred when it imposed a four-year probation term, arguing that his felony stalking conviction is subject to the new two-year limit on probation terms for most felonies under Penal Code1 section 1203.1, subdivision (a), as that statute was amended by Assembly Bill No. 1950 (2019–2020 Reg. Sess.) (A.B. 1950). Libich also contends the court violated section 654 when it imposed a four- year probation term, arguing his maximum possible sentence is three years. We reject Libich’s arguments but remand the matter for the court to clarify whether it intended to grant formal or summary probation.

BACKGROUND2

The People charged Libich with one count of felony stalking (§ 646.9, subd. (a); count 1) and two counts of misdemeanor electronic harassment (§ 653.2, subd. (a); counts 3 & 4). The information named Libich’s ex-girlfriend and mother of Libich’s child as the victim in counts 1 and 3 and Libich’s child as the victim in count 4.…