People v. Harrison CA5

California Court of Appeal Jan 3, 2022 No. F080490Unpublished

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Holding. The court held that the defendant's felony probation term must be reduced to two years pursuant to Assembly Bill 1950 and that fees imposed under former Penal Code section 1203.1b must be vacated pursuant to Assembly Bill 1869.

Issues

Whether the defendant's felony probation term must be reduced to two years under Assembly Bill 1950.
Whether the trial court's imposition of fees under former Penal Code section 1203.1b must be vacated under Assembly Bill 1869.
Whether the case requires remand to the trial court to allow for withdrawal of the plea agreement.

Disposition. modified and affirmed

Quotations verified verbatim against the opinion

“We modify defendant’s term of probation to two years and vacate the portion of the order imposing fees pursuant to former section 1203.1b.”

“The duration of defendant’s probation was not a negotiated part of the plea agreement. Consequently, modification of the duration of his probation is not inconsistent with any term of the plea agreement.”

“The unpaid balance on the trial court’s order requiring defendant probation report and supervision fees is now unenforceable and uncollectable.”

Filed 1/3/22 P. v. Harrison CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F080490 Plaintiff and Respondent, (Super. Ct. No. F19903443) v.

JAMES EDWARD HARRISON III, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Glenda S. Allen-Hill, Judge. Karriem Baker, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans, Timothy L. O’Hair, and Robert Gezi, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Peña, J. and DeSantos, J.

Defendant James Edward Harrison III pled no contest to carrying a concealed firearm in a vehicle in Fresno County Superior Court case No. F19903443 (court of appeal case No. F080490) and no contest to false imprisonment by violence in Fresno County Superior Court case No. F19907354 (court of appeal case No. F080492). In case No. F080492, defendant’s counsel filed a Wende1 brief, i.e., one that asserted no claims but sought an independent examination of the record to determine if there are any arguable issues;2 in case No. F080490, defendant contends that his term of probation must be modified to two years pursuant to Penal Code section 1203.1, 3 subdivision (a), as amended by Assembly Bill No. 1950 (2019−2020 Reg. Sess.) (Assembly Bill 1950), and argues that the fees imposed pursuant to former section 1203.1b must be vacated as required by Assembly Bill No. 1869 (2019−2020 Reg. Sess.) (Assembly Bill 1869). The People agree that defendant is entitled to the benefit of Assembly Bill 1869 and Assembly Bill 1950, but contend that the matter must be remanded to the trial court to modify the term of probation to a period not to exceed two years. We modify defendant’s term of probation to two years and vacate the portion of the order imposing fees pursuant to former section 1203.1b. As modified, we affirm. PROCEDURAL SUMMARY On May 29, 2019, the Fresno County District Attorney filed a complaint in case No. F19903443, charging defendant with carrying a concealed firearm as a vehicle occupant (§ 25400, subd. (a)(3); count 1), and carrying a loaded firearm in public (§ 25850, subd. (a); count 2).

People v. Harrison CA5

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