People v. Love CA1/5

Filed 10/9/23 P. v. Love CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, Plaintiff and Respondent, A167396 v. TRISTAN MITCHELL LOVE, (Solano County Defendant and Appellant. Super. Ct. No. VCR227877)

This appeal arises from the trial court’s orders to revoke and terminate defendant Tristan Mitchell Love’s probation and impose a previously suspended two-year sentence for a felony offense to which he pleaded no contest in 2016. Defendant contends the trial court lacked jurisdiction to sentence him to prison because his probation terminated by operation of law before it was revoked with the passage of Assembly Bill No. 1950 (2019–2020 Reg. Sess.) (hereinafter, Assembly Bill 1950), which amended former Penal Code1 section 1203.1, effective January 1, 2021. (Stats. 2020, ch. 328, § 2.) We agree. Accordingly, we reverse these orders and sentence. This matter is remanded to the trial court with directions to conduct further proceedings consistent with our opinion.

1 Unless otherwise stated, all statutory citations herein are to the Penal

Code.

1

FACTUAL AND PROCEDURAL BACKGROUND We briefly summarize the relevant facts. On May 10, 2016, defendant pleaded no contest to the underlying offense of attempted pimping of a minor (§§ 664, 266h(b)(1)) in case No. SC15NF001929. The trial court placed defendant on probation for three years, subject to various terms and conditions, and imposed a 90-day jail sentence. In October 2016, this case was transferred to Solano County under case No. VCR227877 pursuant to section 1203.9. Between 2017 and 2019, defendant committed three violations of probation for which his probation was revoked and then reinstated. On September 27, 2019, following his third violation, the trial court revoked probation and sentenced defendant to the upper term of three years but then suspended the sentence to permit him to participate in a substance abuse residential treatment program. Defendant was discharged from this program on November 25, 2019, after testing positive for drugs. He thereafter failed to report to the probation department, and on December 10, 2019, his probation was summarily revoked and a bench warrant issued. Defendant was eventually arrested on August 13, 2022. During this time frame, the Legislature passed Assembly Bill 1950, amending former section 1203.1, subdivision (a).2 Under this new law, effective January 1, 2021, the maximum probation term for many felonies, including defendant’s, was reduced to two years. (Former § 1203.1, subd. (a); Stats. 2020, ch. 328, § 2.)