Skip to content
Name: People v. Pritchett
Case #: A168411
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 05/28/2024

The good faith exception to the exclusionary rule applies where a detective was unaware AB 1950 had terminated defendant’s probation, and relied on a criminal database that incorrectly indicated defendant was still on searchable probation. A detective searched defendant based on information from Crimnet, a database containing information directly from the judicial system, including probation status. While Crimnet indicated defendant was on searchable probation, probation had actually been terminated based on the automatic application of AB 1950. The detective admitted he was unaware of AB 1950. Considering the language of AB 1950 and the limited legal authority interpreting it, the…

View Full Summary
Name: People v. Jackson (2023) 93 Cal.App.5th 207
Case #: A164649
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 07/06/2023

Trial court had no jurisdiction to find a violation of probation because, due to Assembly Bill No. 1950’s retroactive change to Penal Code section 1203.1, defendant’s probationary term had expired before the misconduct occurred. In January 2017, defendant entered a plea to burglary and was sentenced to five years of probation. In July 2020, he was charged with having committed probation violations in July and October 2019 (i.e., more than two years after his probationary term began). In August 2020, the court summarily revoked probation pending a formal hearing. In January 2021, AB 1950 took effect, decreasing the maximum period of…

View Full Summary
Name: People v. Prudholme (2023) 14 Cal.5th 961
Case #: S271057
Court: CA Supreme Court
Opinion Date: 06/26/2023

Opinion by: Justice Corrigan (unanimous decision)

Assembly Bill No. 1950 applies retroactively to all nonfinal cases. In 2018, defendant was charged with second degree robbery and faced a maximum sentence of five years in prison. Pursuant to a negotiated disposition, defendant pleaded to second degree burglary in exchange for dismissal of the robbery count and imposition of a three-year probationary term. While the appeal was pending, AB 1950 reduced the maximum length of probation for most felonies to two years, effective 1/1/21. The Court of Appeal concluded the probation limit applied to defendant retroactively but that People v. Stamps (2020) 9 Cal.5th 685 required…

View Full Summary
Name: People v. Ornelas
Case #: A165333
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 01/30/2023

When probation has been summarily revoked and then reinstated within the initial probationary term, the trial court has discretion under Penal Code section 1203.2, subdivision (b), to extend probation to account for the time when probation was summarily revoked. Defendant was placed on probation for the maximum statutory term of two years, but his probation was summarily revoked when he failed to report to probation as directed and a bench warrant was issued. While still within defendant’s original two-year probationary term, the trial court reinstated him on probation with a new termination date to account for the days he had…

View Full Summary
Name: People v. Kite
Case #: D080176
District 4 DCA
Division: 1
Opinion Date: 01/24/2023

Under Penal Code section 1203, subdivision (I)(1), which governs exceptions to Assembly Bill No. 1950’s two-year limitation on felony probation terms, the maximum probation term is determined by the maximum aggregate prison sentence the court could impose. Defendant was convicted, inter alia, of driving under the influence. (Veh. Code, § 23153.) He appealed, arguing the trial court violated section 1203.1 by imposing five years of probation. Held: Affirmed as modified. Penal Code section 1203.1 was amended by Assembly Bill No. 1950 to limit felony probation to two years, but contains exceptions for violent felonies and felonies that include a specific…

View Full Summary