P. v. Green CA4/12
Appellant Kenneth Donald Green was tried before a jury and convicted of assault by means of force likely to cause great bodily injury and simple assault. (Pen. Code, § 245, subd. (a)(4), 240.) Imposition of sentence was suspended, and he was placed on felony probation for three years. He contends that a recent amendment to the law setting the probationary period at two years for most felonies must be applied to his case. He also contends a probation condition requiring him to participate in treatment if required to do so by the probation department improperly delegated judicial authority to the probation officer and was unconstitutionally vague. We conclude the case must be remanded.
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