People v. Jones CA2/2, B304877

Kevin Jones was charged with one felony and one misdemeanor count of carrying a concealed firearm and pled no contest to both counts.
Plea agreement: sentencing stayed for 18 months conditional on obeying laws and completing 400 hours of community service, with the understanding the felony would be withdrawn if conditions were met.
At the 18‑month review, Jones could not prove completion of community service; the trial court placed him on formal probation for three years, ordered 17 days county jail (with credit), and reinstated the 400‑hour community service requirement.
Appellate counsel filed a Wende brief; the court’s independent review identified an arguable issue under Assembly Bill No. 1950 (AB 1950) limiting felony probation terms.
Parties briefed the retroactivity issue; the People did not contest AB 1950’s applicability. The Court of Appeal concluded AB 1950 applied retroactively to this nonfinal conviction and reduced Jones’s felony probation term from three years to two years.
The matter was remanded for the trial court to correct the minute order and notify probation; the judgment was otherwise affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether AB 1950 limits Jones’s felony probation to two years and applies retroactively to his nonfinal conviction	The People did not contest AB 1950’s applicability and asked for remand to adjust probation consistent with AB 1950	Jones argued his three‑year probation must be reduced to two years under AB 1950	The Court held AB 1950 applies retroactively to nonfinal convictions here and reduced the felony probation term from three years to two years; remanded to correct minute order

People v. Stewart, 62 Cal. App. 5th 1065 (discusses pre‑AB1950 probation limits and AB1950’s effect)
People v. Quinn, 59 Cal. App. 5th 874 (applies Estrada presumption to AB1950 and reaches retroactivity for nonfinal convictions)
People v. Sims, 59 Cal. App. 5th 943 (same: AB1950 applies retroactively to nonfinal convictions)
In re Estrada, 63 Cal.2d 740 (establishes presumption that ameliorative criminal statutes apply retroactively)
People v. Wende, 25 Cal.3d 436 (procedural rule for appellate counsel filing brief when no arguable issues are identified)