People v. Schulz (Cal. Ct. App., July 20, 2021, No. F080978) 2021 WL 3047264, at *2–8
Summary: Schulz appealed claiming that the trial court abused its discretion when it declined to reduce his felony convictions for driving under the influence of alcohol to misdemeanors pursuant to Penal Code section 17, subdivision (b).1 He also claims that under the Estrada presumption, he is entitled to relief under Assembly Bill No. 1950 (2019–2020 Reg. Sess.) which amended section 1203.1, subdivision (a), to limit probation for felony offenses to no more than two years, subject to certain exceptions. (Stats. 2020, ch. 328, § 2.)
The court ordered the parties to file supplemental letter briefs pursuant to Government Code section 68081, addressing whether, assuming Assembly Bill No. 1950 applies retroactively, defendant’s convictions for violation of Vehicle Code section 23153, subdivisions (a) and (b), qualify for a reduction in the probationary period under section 1203.1, subdivision (a), given that subdivision (m) of section 1203.1, which was added by Assembly Bill No. 1950, excludes “an offense that includes specific probation lengths within its provisions.” (See Veh. Code, § 23600, subd. (b)(1) [“If any person is convicted of a violation of Section 23152 or 23153 and is granted probation, the terms and conditions of probation shall include … a period of probation not less than three nor more than five years ….”].