Mendez
People v. Mendez
Opinion
Opinion
Haning, J.
The People appeal an order denying their motion to vacate orders setting aside respondent Henry A. Mendez, Jr.’s, 1973 robbery conviction (Pen. Code, § 211), substituting a misdemeanor grand theft conviction (§ 487), and sealing the records of the resultant misdemeanor conviction. The People contend the superior court lacked jurisdiction to reopen the 1973 conviction and to order the record sealed. We reverse.
Procedural History and Facts
On January 12,1973, respondent pled guilty to second degree robbery and was committed to the California Youth Authority (CYA). He was 19 years old at the time of the November 7, 1972, offense. In September 1975 he was honorably discharged from CYA, and in November 1975 the superior court issued an order, nunc pro tunc, setting aside the guilty plea as of February 2, 1973, dismissing the information and releasing him from all penalties and disabilities resulting from the offense. (Welf. & Inst. Code, § 1772.)
On November 22, 1989, respondent filed a “Petition to Seal Minor’s Records of Misdemeanor Conviction in Criminal Court and Other Records of Offense” (§ 1203.45), and an “Application to Withdraw Misdemeanor Conviction After One…