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Name: People v. Hernandez (2023) 93 Cal.App.5th 1
Case #: B315243
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 06/22/2023
Subsequent History: Ordered published 7/3/2023

Original trial court retained jurisdiction over motion to withdraw plea filed by a former probationer whose probation had been transferred from the county of conviction to his county of permanent residence. The supervision of defendant’s probation was transferred from the county of conviction to the county of his permanent residence pursuant to Penal Code section 1203.9. Following the completion of his probationary sentence, defendant filed a motion to vacate his plea (Pen. Code, § 1473.7) in the receiving county. The trial court concluded that it lacked jurisdiction to hear the motion. Defendant appealed. Held: Affirmed. Section 1203.9 authorizes the transfer…

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Name: People v. Nakano (2023) 89 Cal.App.5th 623
Case #: H049057
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 03/20/2023

Trial court abused its discretion when it terminated sex offender’s probation early without applying the standard required by Penal Code section 1203.3(a). Nakano, a Japanese national, pleaded no contest to possession of child pornography. The trial court placed him on formal probation for three years, as well as ordering the completion of a sex offender counseling program and registration as a sex offender. However, the court stated its intention to terminate probation early, absent the completion of a sex offender management program, because it was “interested in [] Nakano being out of the United States [, since] [he] doesn’t have…

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Name: People v. Bautista-Castanon (2023) 89 Cal.App.5th 922
Case #: A162579
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 03/28/2023

Under Penal Code section 1170, as amended by Senate Bill No. 567, there is no jury-finding requirement for facts used to impose a middle term when the lower term is the presumed sentence. Defendant was convicted of sexual penetration of a child (count 1), and a lewd act on a child (count 2) with a true finding that the defendant had substantial sexual conduct with the victim (Pen. Code, § 1203.066, subd. (a)(8)). The trial court imposed an indeterminate term of 15 years to life on count 1 and stayed an eight-year upper term on count 2 pursuant to Penal…

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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…

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Name: People v. Czirban
Case #: H047748
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 08/17/2021

Defendant's convictions for regulatory offenses upheld where the evidence supported a finding he had an employment relationship with his equipment operators. Czirban was convicted of regulatory offenses, including tax evasion and failure to secure workers' compensation insurance, following a fatal accident involving his bulldozer, which had been assisting Cal Fire in suppressing a Monterey County wildfire. He was placed on probation. On appeal, he challenged the sufficiency of the evidence to prove he had an employment relationship with his equipment operators. He also argued the matter should be remanded to allow the trial court to reduce his probationary term under…

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Name: People v. Schultz
Case #: F080978
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 07/20/2021

Assembly Bill No. 1950 applies retroactively to reduce the maximum term of probation in cases not yet final, unless the defendant's conviction comes within an exception set forth in Penal Code section 1203.1. Schultz entered a plea to driving under the influence causing injuries. (Veh. Code, § 23153, subds. (a) & (b).). At sentencing, the trial court suspended imposition of sentence for a period of five years, placed Schultz on probation, and ordered him to serve five months in local custody. On appeal, he argued the probation term should be reduced to two years based on a change in the…

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Name: People v. El
Case #: C091339
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/01/2021

When defendant declined offer of probation, the trial court was not required to impose the maximum term of punishment and had discretion to impose a lesser term. Following defendant's conviction for misdemeanor driving on a suspended license (Veh. Code, § 14601.1, subd. (a)), the trial court indicated it would place him on three years' informal probation. When defendant did not consent to probation, the trial court offered to reduce the probationary term to one year, advising defendant that if he did not accept probation the court was required to impose the maximum sentence of six months in jail.…

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Name: People v. Ruggerio
Case #: B305655
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 06/25/2021

Where defendant was placed on probation and execution of the imposed state prison sentence was suspended, defendant was entitled to retroactive application of the ameliorative provisions of Senate Bill No. 136, but remand for reconsideration of the plea agreement was also required. Defendant was placed on probation in 2017, with a sentence of five years in state prison imposed but execution suspended, in keeping with the plea agreement fixing that sentence. In 2020, the defendant violated probation. The court revoked probation and ordered execution of the five-year sentence. Defendant moved to strike the one-year enhancement for a prior…

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Name: People v. McKenzie
Case #: S251333
Court: CA Supreme Court
District CalSup
Opinion Date: 02/27/2020

An ameliorative statute applies to all nonfinal cases, including those in which a defendant is placed on probation, with imposition of sentence suspended, and where no appeal is filed until after probation is revoked and sentence imposed. In 2014, defendant was convicted of drug crimes. Imposition of sentence was suspended and he was placed on probation. When his probation was revoked in 2016, his sentence included prior drug conviction enhancements (former Health & Saf. Code, § 11370.2). He appealed. The opinion in his case was filed in September 2017. Senate Bill No. 180, which eliminated the drug prior enhancement, was…

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Name: People v. Patton
Case #: D074344
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/06/2019

Appellate waiver did not prevent defendant from challenging electronic search condition on appeal without a certificate of probable cause. Defendant pleaded guilty to felony grand theft of personal property (Pen. Code, § 487, subd. (a)) after he and three others stole electronic devices, including three iPhones and two Apple watches, from a store. As part of the plea deal, defendant agreed to "give up my right to appeal . . . any sentence stipulated herein." The plea form stated, "As conditions of probation I may be given . . . conditions deemed reasonable by the Court." At…

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