People v. Hart CA2/6

Filed 4/21/22 P. v. Hart CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B311264 (Super. Ct. No. 1501773) Plaintiff and Appellant, (Santa Barbara County)

v.

JOEL ROBERT HART,

Defendant and Respondent.

The People appeal a trial court order finding that the court lacked jurisdiction to decide alleged probation violations by defendant Joel Robert Hart. Hart was convicted of violating Penal Code section 273.5, subdivision (a) and was placed on probation for five years.1 We conclude, among other things, that the retroactive application of Assembly Bill No. 1950 (Assem. Bill No. 1950) that shortened probation terms does not divest the trial court of jurisdiction to decide whether Hart committed probation

1 All statutory references are to the Penal Code.

violations occurring during the period when he was on probation. We reverse. FACTS Hart was convicted of violating section 273.5, subdivision (a) on July 8, 2016. He was placed on five years’ probation. On November 9, 2020, the People filed a notice of probation violation with a scheduled hearing date of November 12, 2020. They alleged, among other things, that Hart did not report to the probation department, his whereabouts were “unknown,” and he did not attend a court-ordered treatment program. On November 12, 2020, the trial court summarily revoked Hart’s probation and scheduled a probation violation hearing on November 19, 2020. On November 19, the court continued the case to December 3, 2020. On December 3, the court continued the case to January 5, 2021. The case was continued again to January 7, and then to January 14. Hart moved to terminate probation as expired. He claimed Assem. Bill No. 1950, which was passed by the Legislature and signed by the Governor on September 30, 2020, reduced his probation term to four years. The trial court continued the case to January 19, 2021. At that hearing the People argued that Hart’s violations “occurred in November of 2020” and his probation “was revoked.” At that time Assem. Bill No. 1950 was not the law. The trial court ruled that in light of Assem. Bill No. 1950 it did not have jurisdiction. Hart’s violation of probation occurred “after the expiration of the four years” as the “maximum term of his probation” required by Assem. Bill No. 1950.