People v. Gonzalez CA2/4

California Court of Appeal Oct 15, 2024 No. B334135Unpublished

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Holding. The court held that the 2020 amendment to Penal Code section 1203.1, which limits probation terms to two years, applies to the defendant's 2015 plea agreement, requiring the probation term to be reduced accordingly.

Issues

Whether a certificate of probable cause is required to challenge a probation term based on a subsequent change in law.
Whether the 2020 amendment to Penal Code section 1203.1 applies retroactively to a 2015 plea agreement that was not yet final on appeal.

Disposition. Affirmed as Modified

Quotations verified verbatim against the opinion

“In 2020, the legislature amended section 1203.1 to impose a two-year limit on probation terms.”

“The California Supreme Court has held that the 2020 amendments to section 1203.1 were intended to apply to any plea agreement not yet final on appeal.”

“Pursuant to section 1203.1, the defendant’s five-year probation term must be reduced to two years.”

Filed 10/15/24 P. v. Gonzalez CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B334135 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. MA065362)

ARMANDO GONZALEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Emily J. Cole, Judge. Affirmed as Modified. Stanley Dale Radtke, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Kenneth C. Byrne, Supervising Deputy Attorney General, and Julie A. Harris, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION At a probation violation hearing, the trial court ordered appellant Armando Gonzalez (Gonzalez) to serve a three-year jail sentence and remain on probation afterward until January 2028, pursuant to a plea agreement reached in 2015. Gonzalez challenges the order, arguing that the law now limits probation terms to two years. We agree, and therefore direct the trial court to reduce Gonzalez’s probation term to two years.

FACTUAL AND PROCEDURAL BACKGROUND In February 2015, Gonzalez was charged with one count of identity theft (Pen. Code, § 530.5, subd. (a)).1 In May 2015, Gonzalez entered a plea of no contest. The court sentenced Gonzalez to three years in state prison, but suspended execution of the sentence and placed him on probation for five years. In January 2016, the trial court revoked Gonzalez’s probation and issued a bench warrant. In August 2023, Gonzalez appeared before the court and was remanded into custody. In September 2023, the trial court held a probation violation hearing. The court terminated probation, imposed the previously stayed three-year sentence (now to be served in county jail), and ordered Gonzalez to remain on probation until January 20, 2028. Gonzalez timely appealed.

People v. Gonzalez CA2/4

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

ARMANDO GONZALEZ,

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