People v. Luna CA4/1

DISCUSSION

Luna’s appellate counsel has filed a brief pursuant to Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738, setting forth a statement of the case and statement of facts, urging no grounds for reversal, and asking

3 this court to independently review the record for error. Counsel identified the following issues pursuant to Anders to assist us in conducting our independent review of the record: (1) Whether the trial court properly denied Luna’s petition to reduce his felony conviction to a misdemeanor under section 17, subdivision (b)(3); and (2) Whether the trial court properly denied Luna’s petition for expungement under section 1203.4. Luna submitted a supplemental brief. In it he attributes his prior criminal behavior to alcoholism, substance abuse, and mental health struggles. He claims, however, that he successfully completed Veterans Treatment Court over one year ago, where he received treatment for his mental health and substance problems. He claims he now has the tools and support system he needs to remain law abiding. We conclude the trial court did not err by denying Luna’s petition for reduction and expungement. “[T]here is a special category of…