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Remand to Withdraw from Original Plea Agreement

California v. Scarano Docket: C092538 (Third Appellate District), Opinion Date: February 9, 2022.Pursuant to a negotiated agreement approved by the trial court, defendant Anthony Scarano was granted five years of supervised probation after he pleaded no contest to possession of a firearm by a felon. Among the conditions of probation were a search condition, drug treatment programming, and drug testing. On appeal, defendant contended the trial court erred in denying his motion to suppress evidence, and that his term of probation should have been reduced from five years to two in accordance with the recent amendment to Penal Code section 1203.1, enacted while his appeal was pending in Assembly Bill No. 1950 (2019-2020 Reg. Sess.). The Court of Appeal concluded defendant’s suppression contention was not preserved because he did not renew his motion in the superior court. As to Assembly Bill 1950, the Court agreed with the parties that it applied retroactively, but disagreed with defendant that the appropriate remedy was to order his supervised probation term be reduced. The Court remanded this matter to allow the trial court and the prosecution the opportunity to withdraw from the original plea agreement.

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