People v. Davis CA4/3

DISCUSSION

The trial court’s denial of relief under any of these statutes is reviewed for abuse of discretion. (§§ 1203.41, subd. (a), 1203.4a, subd. (b); People v. McLernon, supra, 174 Cal.App.4th at p. 572.)

3 Section 1203.4 authorizes the trial court to expunge a criminal

record if the defendant has fulfilled the conditions of probation for the entire period, the defendant was discharged before the probation period ended, or if the court believes relief should be granted in the interests of justice. (§ 1203.4; see People v. McLernon (2009) 174 Cal.App.4th 569, 571–572.) 4 Section 1203.4a authorizes dismissal of charges against

defendants who are convicted of misdemeanors but were not granted probation. (§ 1203.4a, subd. (a).) 5 Section 1203.41 allows an individual convicted of a felony,

under certain circumstances, to withdraw a guilty or nolo contendere plea, or set aside a guilty verdict in the interests of justice, in the court’s discretion. (§ 1203.41, subd. (a)(1).) Section 136.1, subdivision (b)(1), to which Davis pled guilty, is a wobbler. (People v. McElroy (2005) 126 Cal.App.4th 874, 880.) In this case, because Davis was sentenced to probation with 364 days in…