People v. Faial
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The defendant was convicted of first-degree burglary, petty theft with a prior theft-related conviction, and two counts of criminal threats. He was on bail at the time, had two prior strike offenses, two prior serious felony convictions, and two prior prison terms. The judge struck both of his strike priors, imposed a total sentence of 12 years, suspended execution of the sentence, and placed the defendant on four years of probation. He was to complete a particular residential treatment program from which he could not leave until approved to do so. After he twice violated the conditions of his probation, the defendant's probation was revoked.. The judge ordered the execution of the previously imposed but suspended 12-year sentence, with a total of 547 days of custody credit.
The court of appeal remanded for resentencing. Assembly Bill 1950, which limits probation terms to two years for most felonies, did not invalidate the trial court’s revocation and termination of the defendant’s probation where such actions were properly taken before A.B. 1950’s effective date. The defendant’s section 667.5(b) prior prison term enhancements must be stricken because they were not based on sexually violent offenses. The defendant is entitled to additional credits.
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