Bowden

Bowden v. Super. Ct.

Good Law
Court of Appeal of CaliforniaAugust 26, 2022A163592California3,521 words

Opinion

Opinion

DISCUSSION

The parties do not dispute that when petitioner was placed on probation in February 2020, former section 1203.1 allowed the superior court to impose probation for five years. (Former § 1203.1, subd. (a).) Assembly Bill 1950 subsequently amended section 1203.1 to limit the probation term for felony offenses to two years, except in two circumstances. The first exception, for violent felonies, is not relevant here; the second exempts from the two-year limit any “offense that includes specific probation lengths within its provisions.” (§ 1203.1, subd. (l)(1); Assem. Bill 1950, § 2.) The question in this case is whether section 191.5(b) should be treated as an offense that includes a five-year probation term within its provisions because the Vehicle Code expressly authorizes five years of probation for driving-under-the-

3 influence offenses that are lesser included offenses of section 191.5(b). (See Pen. Code, § 191.5; Veh. Code, §§ 23152, 23153, 23600.) The People maintain, and the trial court concluded, that reading Assembly Bill 1950 to limit petitioner’s probation term to two years would be an absurd result because then the lesser included offenses would carry longer…

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