P. v. Romero CA6
Defendant Michael Anthony Romero pleaded no contest in September 2020 to false imprisonment with violence and misdemeanor false imprisonment. In February 2021, he was placed on probation for a term of three years.
Defendant initially contended on appeal that the trial court imposed an unauthorized sentence by placing him on probation for three years. He cited Penal Code section 1203.1, subdivision (a), effective January 1, 2021, which makes the maximum allowable term of probation two years, with certain exceptions. The Attorney General conceded the point. We requested supplemental briefing, however, because it appeared from the record that defendant’s relationship to the victim made the crime a domestic violence offense, which, as “an offense that includes specific probation lengths within its provisions,” is excluded from the two-year probation term limit. (Pen. Code, § 1203.1, subd. (l)(1).) We asked the parties to address the following questions:
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