People v. Rodriguez
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In February 2020, following an argument by text message, Rodriguez drove his vehicle into his girlfriend’s vehicle three times while she was driving. Rodriguez was charged with assault with a deadly weapon (Penal Code 245(a)(1)) and pleaded guilty to assault with force likely to produce great bodily injury. (245(a)(4).) Rodriguez was to be placed on formal probation for three years. At the sentencing hearing, the Solano County Superior Court imposed a three-year state prison sentence, suspended the execution of that sentence, placed Rodriguez on probation for three years, and ordered that Rodriguez attend a 52-week batterer’s program as required by section 1203.097. Overruling an objection, the trial court ruled that because there was a “domestic violence nexus” to Rodriguez’s assault, imposition of section 1203.097 was required.
The court of appeal affirmed. Assembly Bill 1950 (2019–2020 Reg. Sess.), effective on January 1, 2021, limits the maximum probation term for felony offenses to two years. (1203.1(a)) and applies retroactively. However, Rodriguez is not entitled to relief because he was convicted of a domestic violence offense that includes a specified term of probation, an exception to Assembly Bill 1950.
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