Error and/or relief
The court erred by setting the length of probation at four years instead of two years.
Holding:
Effective January 1, 2021, AB 1950 amended Penal Code section 1203.1 to limit the maximum probation period for felony offenses. Under prior law, the length of felony probation could not exceed five years or the maximum possible sentence of imprisonment, whichever was longer. Now, the statute provides that, with certain exceptions not applicable here, felony probation may continue for a period of time not exceeding two years. Because the trial court imposed a term of probation in excess of section 1203.1’s normal two-year limit, we will reduce the term to comply with that limit.
Authority:
PEN 1203.1(a)
People v. Kite (2023) 87 Cal.App.5th 986, 992
People v. Shelly (2022) 81 Cal.App.5th 181, 185
People v. Prudholme (2023) 14 Cal.5th 961, 979 [reducing probationary term to two years to comply with AB 1950, without remand to trial court]