California v. KillionAnnotate this Case
Defendant and appellant, Reyna Killion, filed a motion to reduce her conviction for felony assault with a deadly weapon to a misdemeanor and for termination of her probation. The court granted defendant’s request to reduce her offense to a misdemeanor, but denied her request to terminate her probation. On appeal, defendant contends the court erred in determining it did not have jurisdiction to terminate her probation, pursuant to Penal Code section 1203.097(a)(1). The Court of Appeal agreed: "Indeed, section 1203.097, a rather lengthy statute, deals only with the initial imposition of probation at sentencing for domestic violence offenders. Nowhere does it address any subsequent remedial provisions of which a defendant might avail herself to reduce the terms and/or length of probation. That subject is dealt with exclusively in section 1203.3. This suggests that the legislature intended to require an initial imposition of a 36-month term of probation in domestic violence cases, but did not intend to circumscribe the court’s discretion to later reduce that term pursuant to section 1203.3 upon a showing of good cause."