The Court of Appeal directs the trial court to vacate its order denying defendant’s motion to terminate probation. Prior to the enactment of AB 1950, defendant was placed on three years probation and allegedly violated its terms during the first year. The trial court summarily revoked probation, but not until early in the second year. The Court holds that the rule of retroactivity prevents the trial court from adjudicating the violation of probation on the ground that probation was not summarily revoked until after the maximum probationary period allowed under Assembly Bill 1950.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/A163307A.PDF