People v. Boyd CA2/8

INTRODUCTION

David Thompson Boyd appeals from an order denying his petition for dismissal of a conviction under Penal Code1 section 1203.4, which provides relief when a defendant has fulfilled the conditions of probation throughout the probationary period. The trial court denied the petition ruling that Boyd did not successfully complete his probation because he was convicted of a separate offense and sentenced to state prison during the probationary period. On appeal, Boyd argues the court erred because the subsequent conviction was based on conduct that occurred prior to the grant of probation in this case. The People assert the court properly denied the petition because Boyd had a prior probation violation, and he failed to prove he successfully completed all the conditions of his probation. We conclude Boyd was not entitled to relief under section 1203.4 because the record shows he did not fulfill the conditions of probation through the entire probationary period. We accordingly affirm.

FACTUAL AND PROCEDURAL BACKGROUND

I. Boyd is placed on formal probation

On June 2, 2014, Boyd was charged in Los Angeles County Superior Court case No. BA423283 with one felony count of…