P. v. Flores
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Defendant was charged with one felony count of possession of a controlled substance for sale. On appeal, defendant sought relief under Assembly Bill 1950 ("AB 1950") which limits probation to a period not to exceed one year in misdemeanor cases and two years in felony cases, subject to certain exceptions. The parties agreed that AB 1950 is retroactive, however, they disagree on the remedy. The People claimed that remand was required to afford the prosecutor the opportunity to withdraw from the plea bargain or the trial court to rescind its approval, restore the felony charge, and allow the parties to renegotiate the plea bargain or proceed to trial.
The court found that all appellate courts presented with this issue concluded that AB 1950 is ameliorative. Further, applying AB 1950 to all cases not yet final on review except for those specifically excluded by the Legislature effectuates the legislative intent. The People’s suggested remedy speaks only to their interests without taking into consideration defendant’s interests, in disregard of the concept of reciprocity in plea bargaining. Thus, based on the plain language and legislative intent underlying AB 1950, the court concluded that defendant was entitled to modification of his probation term from three years to one year.
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