People v. Shaler CA4/1

INTRODUCTION

After a jury convicted Matthew David Shaler of making a criminal

threat against his brother (Pen. Code,1 § 422), the trial court suspended imposition of sentence and placed him on three years of formal probation. Although newly amended section 1203.1 shortened the maximum probation for most felonies to two years as a result of Assembly Bill No. 1950 (2019– 2020 Reg. Sess.) (Assembly Bill 1950), the trial court found an exception applied because section 1203.097 required a minimum three-year probation term where the victim of the crime is the defendant’s brother (Pen. Code, § 1203.097, subd. (a); Fam. Code, § 6211.) On appeal, Shaler asserts we must reduce his probation term to two years because the People “never charged” him with a violation of a section

1203.097 and “no jury made that determination” in violation of the Apprendi2 rule. He further asserts we must vacate his fines and fees because the trial court abused its discretion in doing so after it had determined he lacked the ability to pay in a separate misdemeanor driving under the influence (DUI) case. We affirm the judgment with directions the trial court correct a clerical error on the order granting…