People v. Davis CA2/7

DISCUSSION

We appointed counsel to represent Davis on appeal. After examination of the record counsel filed an opening brief in which no issues were raised. On May 28, 2014 we advised Davis he had 30 days within which to personally submit any contentions or issues he wished us to consider. On July 17, 2014 Davis filed a four-page supplemental brief in which he contends he satisfied the conditions for dismissal pursuant to section 1203.4.4 Davis maintains at sentencing on February 28, 1994 he was placed on 36 months of summary probation for receiving stolen property. According to Davis, as of the date of his petition for dismissal, his probation “expired years ago,” he “was not serving a sentence for any offense,” he was not “on probation or parole,” “all court ordered restitution and fines were paid,” he “was not currently charged with another offense” and “more than one year had elapsed since the date of pronouncement of judgment (sentencing).” “‘[A] defendant moving under Penal Code section 1203.4 is entitled as a matter of right to its benefits upon a showing that he “has fulfilled the conditions of probation for the entire period of probation.” It was apparently intended that…