People v. Lemos CA2/1

DISCUSSION

Under section 1203.41, “[i]f a defendant is convicted of a felony, the court, in its discretion and in the interest of justice,” may “permit the defendant to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty” and “dismiss the accusations or information against the defendant.” (§ 1203.41, subd. (a)(1).) Generally, if such relief is granted, “the defendant shall be released from all penalties and disabilities resulting from the offense of which they have been convicted.” (Ibid.) The court’s ability to grant relief under section 1203.41 is proscribed in certain ways. If the defendant had been sentenced to prison, for example, two years must elapse since the completion of the defendant’s sentence, the defendant cannot be on parole or probation or charged with the commission of an offense, and the defendant cannot be a person who is required to register as a sex offender. (§ 1203.41, subd. (a)(2), (3) & (6); see generally 3 Witkin & Epstein, Cal. Crim. Law (4th ed. 2023) Punishment, § 720A.) None of the limits on the court’s ability to grant relief applies in this case. Prior to 2023, relief under section 1203.41 was not available to…