People v. Ochoa CA5

Filed 6/20/22 P. v. Ochoa 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082167 Plaintiff and Respondent, (Super. Ct. No. VCF400787) v.

JOSE ROLANDO OCHOA, OPINION Defendant and Appellant.

THE COURT * APPEAL from a judgment of the Superior Court of Tulare County. Jennifer Conn Shirk, Judge. Cynthia A. Barnes, 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, Michael A. Canzoneri and David A. Lowe, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P. J., Snauffer, J. and DeSantos, J.

Defendant Jose Rolando Ochoa contends on appeal that his three-year probationary term must be reduced to two years because Assembly Bill No. 1950’s (2019–2020 Reg. Sess.) (Assembly Bill 1950) amendments to Penal Code section 1203.11 must be applied to his case. The People agree that amended section 1203.1 applies but contend that defendant’s case must be remanded to the trial court for modification of his probation term. In accordance with Assembly Bill 1950, defendant’s three-year probationary term is reduced to two years, and the trial court is directed to amend its records to reflect this modification. In all other respects, we affirm. PROCEDURAL SUMMARY On August 28, 2020, the Tulare County District Attorney filed a first amended complaint charging defendant with felony possession of a controlled substance with a specified prior conviction (Health & Saf. Code, § 11377, subd. (a); count 1), and misdemeanor possession of drug paraphernalia (Health & Saf. Code, § 11364, subd. (a)(1); count 2). On October 27, 2020, defendant pled no contest to both counts. The parties stipulated to a factual basis for the plea based on the reports on file with the trial court. The court placed defendant on a period of three years of formal probation subject to various terms and conditions. On December 15, 2020, defendant filed a notice of appeal. DISCUSSION 2 Defendant contends his three-year probationary term must be reduced to two years under section 1203.1, as amended by Assembly Bill 1950. The People agree, as do we.