People v. Hernandez CA2/4

Filed 6/30/22 P. v. Hernandez CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B315487

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA117087) v.

SERGIO HERNANDEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Debra A. Cole, Judge. Affirmed as modified. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill and Steven E. Mercer, Deputy Attorneys General, for Plaintiff and Respondent. _________________________________________

INTRODUCTION Assembly Bill No. 1950 (2019-2020 Reg. Sess.) (AB 1950), effective January 1, 2021, amended Penal Code section 1203.1 to limit the maximum probation term for felony offenses to two years (with exceptions not at issue 1 here). In May 2021, appellant Sergio Hernandez was charged with one felony count of dissuading a witness by force or threat, to which he pled no contest. Pursuant to a plea agreement, he was placed on probation for three years. On appellant’s appeal from the order granting probation, the parties agree appellant is entitled under AB 1950 to have the duration of his probation term reduced from three to two years. We concur. We reject the Attorney General’s request that we remand for a resentencing hearing. Instead, we affirm the judgment as modified by reducing the term of probation to two years, and direct the trial court to amend the minute order granting probation to reflect the two-year term.