Aug. 26, 2022 – Bowden v. Superior Court (1st Dist., Div. 3, A163592)

The Court of Appeal issues a writ of mandate directing the superior court to vacate its order declining to apply AB 1950 to petitioner’s case. The court holds that AB 1950’s amendments to PC 1203 limited petitioner’s probation term for vehicular manslaughter while intoxicated (PC 191.5(b)) to two years, despite the fact that lesser included DUI offenses (VC 23153 and 23152) are exempt from the new two-year limit. The court further finds that remand is not required to allow the prosecution or trial court an opportunity to withdraw from the plea agreement.