P. v. Sanders CA3
Defendant Nathaniel Khalid Sanders, Jr., pleaded no contest to dissuading a witness by force and sexual battery. The trial court granted him formal probation for four years. Defendant argues the trial court erred in failing to conduct a Marsden hearing when he sought to withdraw his plea. He also objects to the condition of his probation prohibiting him from possessing pornography. He further argues the trial court failed to recite each of the fines and fees it imposed on defendant on the record. We will affirm the judgment and uphold the probation condition with a modification. We agree with the Attorney General’s concession the failure of the trial court to state the fines and fees on the record requires remand of the case.
While this appeal was pending, the Legislature enacted Assembly Bill No. 1950 (2019-2020 Reg. Sess.) (Stats. 2020, ch. 328) (Assem. Bill No. 1950), which amended Penal Code section 1203a to provide the maximum probationary period for felonies is two years.
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