Lewis
People v. Lewis
Opinion
Opinion
Miller, J.
FACTUAL AND PROCEDURAL HISTORY
Defendant and appellant Mark Todd Lewis (defendant) pleaded guilty to two counts of attempted lewd acts on a child under Penal Code sections 664 and 288, subdivision (c); two counts of exhibiting harmful material to a minor under section 288.2, subdivision (a); and procuring another to publicly expose himself under section 314.2. The trial court suspended imposition of sentence and placed defendant on three years formal probation. After successfully completing probation, defendant filed a motion seeking release from penalties under section 1203.4. The trial court denied the motion. On appeal, defendant contends that the trial court erred in denying his motion. The People concede. We agree with the parties and reverse the trial court’s order.
DISCUSSION
A. The Trial Court Erred in Denying Defendant’s Motion
Defendant contends that the trial court erred in denying his motion for relief under section 1203.4, subdivision (a). The People agree with defendant.
Section 1203.4, subdivision (a) provides: “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…