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Probation Term Ordered Reduced

People v. Flores Docket: F081903 (Fifth Appellate District), Opinion Date: April 12, 2022. Defendant was charged with one felony count of possession of a controlled substance for sale. On appeal, defendant sought relief under Assembly Bill 1950 ("AB 1950") which limits probation to a period not to exceed one year in misdemeanor cases and two years in felony cases, subject to certain exceptions. The parties agreed that AB 1950 is retroactive, however, they disagree on the remedy. The People claimed that remand was required to afford the prosecutor the opportunity to withdraw from the plea bargain or the trial court to rescind its approval, restore the felony charge, and allow the parties to renegotiate the plea bargain or proceed to trial.

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