In 2022, after appellant’s conviction for felony reckless evasion (Veh. Code, § 2800.2) and misdemeanor driving with a prohibited blood alcohol concentration (§ 23152, subd. (b)), the trial court granted probation for a period of three years. More than two years after probation was granted, appellant violated his probation, and the court imposed a felony sentence to be served in state prison.
The Court of Appeal agreed with the parties that the court lacked authority to impose a felony sentence because his violation of probation occurred after the first two years of the probationary term. Assembly Bill 1950, which took effect in 2021, amended Penal Code sections 1203a and 1203.1 to restrict the length of most probation terms. (Stats. 2020, ch. 328, §§ 1, 2.) Misdemeanor probation terms are generally limited to one year (§ 1203a, subd. (a)), and felony probation terms are generally limited to two years (§ 1203.1, subd. (a)). Exempt from these limits are offenses that “‘include[] specific probation lengths within [their] provisions.’ (§§ 1203a, subd. (b), 1203.1, subd. (m)(1).).” (People v. Saxton (2021) 68 Cal.App.5th 428, 431.) Only appellant’s misdemeanor offense fell under this exception. Accordingly, the trial court had authority only to impose misdemeanor punishment.
The matter was remanded for resentencing.