Error and/or relief
It was error to revoke the defendant’s probation after its term expired as a matter of law. He had been placed on five years’ probation, and just before the five years expired, the court found him in violation and ordered his suspended prison sentence executed. During his probation, the law changed, and by operation of law his probation was shortened to three years, which expired long before the events on which the probation revocation was based.
First Holding:
While appellant was serving his five-year term of probation, the Legislature amended the statute governing probation, section 1203.1. The previous version of the statute allowed the trial court to grant probation for a period of time not exceeding the maximum term for which the person could be imprisoned, or not over five years for an offense with a maximum sentence of five years or less. Under the amended version of section 1203.1, the relevant portion of which took effect January 1, 2021, the maximum term of probation a trial court may impose for most felony offenses is a period of time not exceeding two years. Appellant’s offense of conviction is one for which the trial court may now impose a maximum probation term of three years.
Authority:
PEN 1203.1
People v. Faial (2025) 18 Cal.5th 199, 207
People v. Kite (2023) 87 Cal.App.5th 986, 994-998
Second Holding:
The new limitations on the maximum term of probation in amended section 1203.1 apply to existing, nonfinal plea agreements while otherwise maintaining the remainder of the bargain. Probation terms exceeding those permitted under amended section 1203.1 effectively end by operation of law on the date of the maximum term now authorized.
Authority:
PEN 1203.1
People v. Prudholme (2023) 14 Cal.5th 961, 963, 969, 979,
People v. Faial (2025) 18 Cal.5th 199, 218
Third Holding:
Once probation ends, a court’s power is significantly attenuated. Its power to impose a sentence over the defendant ceases entirely. The collateral effect of the retroactive application of amended section 1203.1 is to undo or unravel the orders terminating appellant’s probation and ordering execution of the suspended sentence. Thus, if a probation term is shortened under amended section 1203.1, conduct that would have constituted a probation violation, but is now deemed to have occurred outside this term, may not be the basis for terminating that probation.
Authority:
PEN 1203.3(a) [court has jurisdiction to revoke probation during the term of probation]
People v. Chavez (2018) 4 Cal.5th 771, 782
People v. Faial (2025) 18 Cal.5th 199, 220