People v. Daggett CA5

Filed 5/26/22 P. v. Daggett 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082882 Plaintiff and Respondent, (Super. Ct. No. VCF408813) v.

LESLIE LYTLE DAGGETT, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Melinda Myrle Reed, Judge. Robert L. Hernandez, 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, Louis M. Vasquez, Amanda D. Cary and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Peña, J. and Meehan, J.

Defendant Leslie Lytle Daggett pled no contest to stalking and vandalism, both of which were reduced to misdemeanors pursuant to a negotiated plea agreement. The trial court granted defendant a two-year term of probation. Defendant contends that his term of probation must be modified to one year pursuant to Penal Code section 1203a,1 subdivision (a), as amended by Assembly Bill No. 1950 (2019−2020 Reg. Sess.) (Assembly Bill 1950). The People agree that defendant is entitled to the benefit of Assembly Bill 1950 but contend that we should remand the matter to the trial court to reduce the term of probation to one year. We reduce defendant’s term of probation to one year. In all other respects, we affirm. PROCEDURAL SUMMARY On April 15, 2021, the Tulare County District Attorney filed an information charging defendant with stalking (§ 646.9, subd. (a); count 1), two counts of felony vandalism (§ 594, subd. (a); counts 2 & 3), misdemeanor vandalism (§ 594, subd. (a); count 4), and misdemeanor public nuisance (§§ 370/372; count 5). On May 21, 2021, pursuant to a negotiated plea agreement, defendant pled no contest to counts 1 and 2. In exchange, those counts were reduced to misdemeanors pursuant to section 17, subdivision (b), and the remaining counts were to be dismissed at sentencing, all on the prosecutor’s motion. During the change of plea colloquy, the trial court indicated both that, pursuant to the plea agreement, “defendant is going to be placed on probation for a period of one year”2 and defendant “will be placed on probation for a period of up to two years.” On May 24, 2021, the trial court granted defendant’s application for probation and “placed [defendant] on probation for the required maximum of two years, for … the