P. v. Ung CA6
Defendant Thanh Van Ung pleaded no contest to stalking (Pen. Code, § 646.9, subd. (a)), vandalism (§ 594, subd. (b)(2)(A)), and dissuading a witness (§ 136, subd. (c)(1)). Because the victim of these offenses was Ung’s estranged wife, the trial court granted Ung probation in accordance with section 1203.097, including the minimum three-year term of probation required by section 1203.097, subdivision (a)(1).
On appeal, Ung asks that we now reduce his probation term to two years, under section 1203.1, subdivision (a) as amended after his sentencing in Assembly Bill No. 1950 (2019-2020 Reg. Session) (A.B. 1950). His appeal accordingly calls for us to resolve the apparent conflict between section 1203.1 as amended and section 1203.097, by interpreting section 1203.1, subdivision (l), the exception to the new legislation’s two year maximum.
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