People v. Knight CA3, C094453

In May 2019 Knight pleaded guilty to felony assault (Pen. Code, § 245(a)(4)) and misdemeanor petty theft and was placed on five years of probation; the court also ordered 120 days in county jail (with release to allow enrollment in a sheriff’s work project).
In March 2021 Knight admitted a probation violation (weapons possession); the court imposed an additional 90 days and again released her to sign up for the work project.
At a May 18, 2021 probation-violation hearing the court noted Knight had not served the previously imposed 120- and 90-day terms and stated her probation was “set to expire in 2024, notwithstanding Assembly Bill No. 1950.”
Knight asked to serve the outstanding jail time; the court released her on recognizance, ordered her to surrender to jail by July 30, 2021, and dismissed the petition in the interest of justice.
Knight filed a notice of appeal from the May 18, 2021 hearing, arguing her probation term must be reduced to two years under Assembly Bill No. 1950 (limiting felony probation to two years).

Issue	Plaintiff's Argument (People)	Defendant's Argument (Knight)	Held
Are the May 18, 2021 orders appealable?	The orders are not appealable because they were ministerial/consensual (release and later surrender) and did not affect substantial rights.	The May 18 orders are final and appealable as a judgment disposing of issues between the parties.	The orders were not appealable; they did not affect Knight’s substantial rights and thus do not support an appeal.
Did the court decide or fix Knight’s probation term under AB 1950 at the May 18 hearing?	The court’s offhand reference to AB 1950 did not modify or reject a motion to change probation; no change was made.	Knight contends AB 1950 requires reducing her felony probation to two years and that the court’s statements reflect a denial of that relief.	The court did not modify probation or enter a final judgment on probation length; AB 1950 was not applied and the issue was not decided at that hearing.

People v. Loper, 60 Cal.4th 1155 (2015) (appeal is statutory; only statutory orders are appealable)
People v. Glass, 244 Cal.App.2d 451 (1966) (order reinstating prior probation order is not appealable)
People v. Ramirez, 159 Cal.App.4th 1412 (2008) (order modifying probation is appealable)
People v. Romero, 235 Cal.App.3d 1423 (1991) (denial of motion for early termination of probation is appealable)
People v. Superior Court (Giron), 11 Cal.3d 793 (1974) (initial order granting probation is considered a final judgment for appeal purposes)
People v. Killion, 24 Cal.App.5th 337 (2018) (trial court has authority to modify or terminate probation during the probationary period)
People v. Alexander, 45 Cal.App.5th 341 (2020) (dismissing appeal from nonappealable order)
People v. Fuimaono, 32 Cal.App.5th 132 (2019) (dismissing appeal from nonappealable order)