People v. Saway CA4/2

DISCUSSION

Defendant contends that the matter should be remanded because the trial court

failed to consider whether she was entitled to section 1203.4 relief based on the “interest

of justice” exception.

Section 1203.4, subdivision (a)(1), provides in relevant part: “In any case in

which a defendant has fulfilled the conditions of probation for the entire period of

probation, or has been discharged prior to the termination of the period of probation, or in

any other case in which a court, in its discretion and the interests of justice, determines

that a defendant should be granted the relief available under this section, the defendant

shall, at any time after the termination of the period of probation, if he or she is not then

serving a sentence for any offense, on probation for any offense, or charged with the

commission of any offense, be permitted by the court to withdraw his or her plea of

guilty or plea of nolo contendere and enter a plea of not guilty [and] the court shall

thereupon dismiss the accusations or information against the defendant and except as

noted below, he or she shall thereafter be released from all penalties and disabilities

resulting from…