BRADUS

People v. BRADUS

Good Law
149 Cal. App. 4th 636·2007 Cal. App. LEXIS 515·2007 Daily Journal DAR 4718·57 Cal. Rptr. 3d 79·2007 Cal. Daily Op. Serv. 3731
Court of Appeal of CaliforniaMarch 23, 2007D047774California2,390 words

Opinion

Opinion

Huffman, J.

Janet M. Biradus appeals from an order denying her petition to expunge a 1999 drug conviction following termination of her probation. (Pen. Code, § 1203.4.) She contends relief under section 1203.4 must be granted because she fulfilled the conditions of her probation as required by law and the trial court essentially erred in denying her petition based on outstanding attorney fees and costs of probation that are not conditions of probation or requirements for section 1203.4 relief. We agree and reverse the trial court’s order.

FACTUAL AND PROCEDURAL BACKGROUND

On October 1, 1999, as part of an agreement which dismissed one count of transporting more than 28.5 grams of marijuana (Health & Saf. Code, § 11360, subd. (a); count 1), Bradus pleaded guilty to possessing marijuana for sale (Health & Saf. Code, § 11359; count 2). The trial court thereafter suspended imposition of sentence and placed Bradus on three years’ formal probation on specific terms and conditions, including 21 days in custody and the payment of fines and restitution set forth in the presentence order. After Bradus reviewed the presentence order and agreed to its terms, the court signed the formal order…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.