Error and/or relief
The defendant filed a petition for dismissal citing three different Penal Code sections—sections 1203.4, 1203.4a, and 1203.41. The trial court denied the petition based on section 1203.41, under which the defendant was not entitled to relief. We reverse and remand to allow the court to consider the defendant’s claim for relief under section 1203.4.
First Holding:
The trial court’s denial of relief under any of these statutes (1203.4, 1203.41, 1203.4a) is reviewed for abuse of discretion.
Authority:
People v. McLernon (2009) 174 Cal.App.4th 569, 572
Second Holding:
Section 1203.4 authorizes the trial court to expunge a criminal record if the defendant has fulfilled the conditions of probation for the entire period, the defendant was discharged before the probation period ended, or if the court believes relief should be granted in the interests of justice.
Authority:
PEN 1203.4
Third Holding:
Section 1203.4a authorizes dismissal of charges against defendants who are convicted of misdemeanors but were not granted probation.
Authority:
Authority:
PEN 1203.4a
Fourth Holding:
Section 1203.41 allows an individual convicted of a felony, under certain circumstances, to withdraw a guilty or nolo contendere plea, or set aside a guilty verdict in the interests of justice, in the court’s discretion. The crime to which the defendant pleaded guilty is a wobbler. In this case, because the defendant was sentenced to probation with 364 days in county jail, it is a misdemeanor offense.
Authority:
PEN 1203.41
People v. McElroy (2005) 126 Cal.App.4th 874, 880
Fifth Holding:
it appears the trial court may have been confused by the defendant’s petition, which sought relief under all three statutes. Relief was not authorized to the defendant under sections 1203.4a and 1203.41, and the court did not err in denying relief under section 1203.41. When a trial court evaluates a petition under the incorrect statute or misunderstands the scope of its discretion, this is an abuse of discretion and the case must be reversed and remanded for an exercise of informed discretion, unless the record clearly indicates the same result would follow.
Authority:
People v. Fuhrman (1997) 16 Cal.4th 930, 944 [where the record affirmatively discloses that the trial court misunderstood the scope of its discretion, remand to the trial court is required]
People v. Parker (2013) 217 Cal.App.4th 498, 501–502 [case remanded because trial court mistakenly believed an imposed but suspended sentence is a bar to section 1203.4 relief]