Where the defendant entered into a plea bargain for a specific period of probation, the Supreme Court holds that AB 1950 applies retroactively, and that “the proper remedy is to modify the probationary term to conform with the new law while maintaining the remainder of the plea agreement.” The court reasons that, in enacting AB 1950, the Legislature intended to exercise its own authority to change the terms of existing plea bargains (see PC 1016.8(a)), and that the goals of the legislation would be thwarted if the prosecution could withdraw from the plea bargain.
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