P. v. Pimentel CA2/1
This case requires us to decide the retroactive reach of Assembly Bill No. 1950 (2019-2020 Reg. Sess.) (Assembly Bill 1950), which became effective on January 1, 2021, and which amended Penal Code section 1203.1, subdivision (a), by limiting probation terms for most felony offenses to two years.
We are presented with conflicting interpretations of Assembly Bill 1950 by defendant Daniel Pimentel, who claims he must be given the full constitutional benefit of the amendment because his case is nonfinal, and by the Attorney General, who concedes that the amendment has retroactive impact, but nevertheless contends that Pimentel’s time on probation has not yet expired because it had been repeatedly tolled by section 1203.2, and was thus in a revoked status on January 1, 2021, when the new statute went into effect.
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