People v. Cruz CA4/3

FACTS

In 2014, Cruz (then age 31) had sex with a 16-year-old family friend. He pleaded guilty to a felony count of violating section 261.5 (unlawful sexual intercourse with a minor), and the trial court sentenced him to three years of probation. A violation of section 261.5 is a “wobbler” offense, punishable as either a felony or a misdemeanor. (Id., subd. (c).) In 2022, Cruz moved to reduce the offense to a misdemeanor and for a dismissal. (§§ 17, subd. (b)(3), 1203.4.) Finding Cruz had complied with the terms of his probation, the trial court (the Honorable Julian W. Bailey, presiding) granted his motion to dismiss.2 However, the court denied his motion to reduce the offense without prejudice. Reasoning Cruz had “violated a position of trust” by having sex with a teenage family friend, the court was “not comfortable” reducing the

1 All further statutory references are to this code.

2 “A dismissal under section 1203.4 mitigates some of the

consequences of a conviction” but does not “‘render the conviction a legal nullity.’” (People v. Tran (2015) 242 Cal.App.4th 877, 883, fn.2.)

2 plea at present but noted Cruz could renew his motion in “another year or so.” Two years later,…