Mgebrov

The People seek reversal of the trial court’s order dismissing the accusatory pleading of defendant Nicolay Y. Mgebrov pursuant to Penal Code section 1203.4, subdivision (a), which the court issued after concluding that two of defendant’s three convictions were eligible for the relief provided in section 1203.4. The People argue reversal is necessary because the trial court exceeded its statutory authority, since defendant, as a result of his third conviction, for a sex offense pursuant to section 288, was not eligible for section 1203.4 relief regarding any of his three convictions. We conclude section 1203.4 permits the dismissal of individual counts, but that the court’s order contains errors. We vacate the trial court’s order and remand with instructions to the trial court to enter an order correcting certain errors discussed in this opinion, and affirm the court’s ruling in all other respects.

BACKGROUND

In 1999, defendant was convicted after jury trial of all three counts alleged by the People in their information. These were the committing of a lewd and lascivious act involving a child under the age of 15, who was at least 10 years younger than defendant, a…