People v. Saxton

Filed 8/31/21 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B310336 (Super. Ct. No. 2020034073) Plaintiff and Respondent, (Ventura County)

v.

VICTORIA MAE SAXTON,

Defendant and Appellant.

In recent years, the Legislature has enacted various laws to reduce the number of Californians on probation or mandatory supervision. Among those enactments is Assembly Bill No. 1950 (2019-2020 Reg. Sess.) (A.B. 1950), which limits the “pipeline for re-entry into the carceral system” by restricting the length of most probation terms. (People v. Quinn (2021) 59 Cal.App.5th 874, 880 (Quinn).) But A.B. 1950’s term limits are not universal; several criminal offenses are exempt. Here, we conclude that a defendant who is convicted of both a misdemeanor exempt from A.B. 1950’s probation term limits and a nonexempt felony can be ordered to serve a term of formal probation equal to the length of time specified by the exempt misdemeanor. But consistent with A.B. 1950’s purpose, a

probation violation can carry felony punishment consequences only during the first two years of the probationary term. Any violation that occurs after that two-year period can have only misdemeanor punishment consequences. Victoria Mae Saxton appeals from the judgment after pleading no contest to driving under the influence (Veh. Code, § 23152, subd. (f)), a misdemeanor, and willfully evading a police officer (Veh. Code, § 2800.2, subd. (a)), a felony. The trial court suspended imposition of sentence and ordered her to serve three years of formal probation. It specified that any probation violation that occurs during those three years can carry felony punishment consequences. Saxton contends A.B. 1950 limits the felony consequences of any probation violation to the first two years of her probationary term. We agree, modify the order granting probation, and otherwise affirm. DISCUSSION A.B. 1950 amended Penal Code1 sections 1203a and 1203.1 to restrict the length of most probation terms. (Stats. 2020, ch. 328, §§ 1 & 2.) Effective January 1, 2021, misdemeanor probation terms are generally limited to one year (§ 1203a, subd. (a)), and felony probation terms are generally limited to two years (§ 1203.1, subd. (a)). Exempt from these limits are offenses that “include[] specific probation lengths within [their] provisions.” (§§ 1203a, subd. (b), 1203.1, subd. (m)(1).) Whether Saxton’s case falls within one of these exemptions presents an issue of statutory interpretation for our independent review. (In re R.G. (2019) 35 Cal.App.5th 141, 146.) As with any issue of statutory interpretation, “[o]ur fundamental task is to ascertain the Legislature’s intent when it