People v. Alesana CA2/7

DISCUSSION

Alesana contends he was entitled to section 1203.4 relief because he fulfilled his probation conditions for the entire probation period. He also contends that the trial court abused its discretion by denying his request to reduce his felony conviction to a misdemeanor under section 17, subdivision (b).

A. The Court Erred in Denying Alesana’s Petition Under Section 1203.4 Section 1203.4 provides in pertinent part that a defendant who has fulfilled the conditions of probation for the entire period of probation “is entitled as a matter of right to have the plea or verdict changed to not guilty, to have the proceedings expunged from the record, and to have the accusations dismissed.”2 (People v. Hawley (1991) 228 Cal.App.3d 247, 249-250; accord, People v. Guillen (2013) 218 Cal.App.4th 975, 991.) If the petitioner meets the criteria for relief under section 1203.4, “the trial court is required to grant the requested relief.” (Hawley, at p. 250; accord, People v. Lewis (2006) 146 Cal.App.4th 294, 297-298.) “ ‘ “A grant of relief under section 1203.4 is intended to reward an individual who successfully completes probation by

However, “in any subsequent prosecution…