REVERSED: Maximum Probation Term Served Under AB 1950
People v. Butler Docket: B313121 (Second Appellate District), Opinion Date: February 15, 2022. Butler pleaded no contest to unlawful possession of ammunition and admitted to prior prison terms in exchange for five years’ probation. After Butler violated his probation terms, the trial court revoked probation in February 2020. Butler argued that the trial court lacked jurisdiction to revoke his probation because he already served the maximum probation term allowed under Assembly Bill 1950, which reduced the maximum probationary term for most felony offenses to two years. The prosecution sought an opportunity to withdraw approval of the negotiated plea agreement. The court of appeal reversed and remanded for the trial court to modify the term of probation to conform with Assembly Bill No. 1950 and terminate its revocation of probation and Butler’s related prison sentence. In the context of Assembly Bill No. 1950, entering into a negotiated plea agreement does not insulate the parties from mandatory changes in the law that the legislature intended to apply to them. #ab1950 #maximumprobationaryterm #reversedandremanded
Want to read more?
Subscribe to www.possesolutions.com to keep reading this exclusive post.