People v. Jimenez-Jaimes CA1/3

Filed 6/12/23 P. v. Jimenez-Jaimes CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A164618 v. (Sonoma County SALVADOR JIMENEZ-JAIMES, Super. Ct. No. SCR7352881) Defendant and Appellant.

In June 2020, defendant Salvador Jimenez-Jaimes pleaded no contest to felony grand theft from a person and misdemeanor dissuading a witness, for which he was placed on three years formal probation. In July 2020, defendant’s probation was summarily revoked for failing to report to probation. A bench warrant was issued for his arrest, placing him in warrant status. Penal Code section 1203.1, subdivision (a) was amended effective January 1, 2021, with the result that probation terms for most felony offenses are reduced from a maximum of five years to a maximum of two years. In February 2022, defendant was reinstated to probation, with a new end date in January 2024 based on the exclusion of the period of time he was in warrant status. Defendant’s probation term, not counting when he was in warrant status, is less than the statutory two-year maximum.

1

We conclude the trial court acted within its statutory discretion when it extended the end date of defendant’s term of probation based upon a calculation that excluded the period of time he was in warrant status. Therefore, we affirm. BACKGROUND After defendant pleaded no contest to felony grand theft from a person (Pen. Code, § 487, subd. (c))1 and misdemeanor dissuading a witness (§ 136.1, subd. (b)(1)), the trial court placed him on three years formal probation on June 24, 2020. Less than a month later, on July 17, the trial court summarily revoked defendant’s probation and issued a bench warrant for his arrest based on a probation report that he had absconded from probation supervision. On January 1, 2021, while defendant was still in warrant status, Assembly Bill No. 1950 (2019–2020 Reg. Sess; AB 1950) became effective, which amended section 1203.1 “to limit the maximum probation term a trial court is authorized to impose for most felony offenses (including grand theft) to two years.” (People v. Sims (2021) 59 Cal.App.5th 943, 946; see § 1203.1, subds. (a)(l); Stats. 2020, ch. 328, § 2.)2 Within two years of being placed on probation, defendant was arrested on the outstanding warrant. On February 17, 2022, he admitted he had violated his probation. Over defense counsel’s objection, which was based on People v. Leiva (2013) 56 Cal.4th 498 (Leiva), the trial court reinstated probation and extended the end date