People v. Plascencia CA2/6

Filed 5/4/21 P. v. Plascencia CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B305742 (Super. Ct. No. 19CR10581) Plaintiff and Respondent, (Santa Barbara County)

v. ORDER MODIFYING OPINION AND DENYING TINO PLASCENCIA, REHEARING [NO CHANGE IN Defendant and Appellant. JUDGMENT]

THE COURT: It is ordered that the opinion filed herein on April 19, 2021, be modified as follows: 1. On page 1, the last sentence of the first paragraph (“We remand with directions to reduce Plascencia’s probation term, and otherwise affirm.”) is deleted and replaced with:

We remand to permit Plascencia to show that he is entitled to a reduction of his probation term, and otherwise affirm.

2. On page 5, in the first sentence of the first full paragraph, “, and the Attorney General concedes, that” is deleted so that the sentence reads:

Plascencia contends he is entitled to seek the reduction of his probation term from five to two years pursuant to Assembly Bill No. 1950 (2019-2020 Reg. Sess.) (A.B. 1950).

3. On page 5, in the first sentence of the second full paragraph, “Subject to exceptions not relevant here (see § 1203.1, subd. (m)),” is deleted and the sentence is modified to read as follows:

Effective January 1, 2021, A.B. 1950 limits the length of a felony probation term to two years. (§ 1203.1, subd. (a).)

4. On page 5, the last sentence of the second full paragraph (“He is therefore entitled to seek a reduction of his probation term on remand. (Sims, at p. 964.)”) is deleted and replaced with:

He is therefore entitled to have the case remanded to permit him to show that he falls under none of A.B. 1950’s exceptions and, if so, to seek a reduction of his probation term pursuant to the new law. (Sims, at p. 964.)