People v. Wilson CA5

INTRODUCTION

In 1997, defendant Buddy Wilson was placed on formal probation following a conviction for a violation of Penal Code1 section 288a, subdivision (k).2 Some 16 years later, he filed a motion for relief pursuant to section 1203.4. The petition was denied. On appeal, Wilson contends he has met all of the statutory conditions entitling him to relief because he fulfilled the conditions of probation for the entire probationary period. Further, he argues the trial court failed to properly consider his postprobationary conduct. In response, the People argue Wilson has failed to make a record suitable for appellate review, and thus contend the trial court’s ruling should be affirmed. We agree with the People and will affirm.

RELEVANT BACKGROUND

Following a jury trial and resulting conviction for a violation of section 288a, subdivision (k), Wilson was granted probation. The probationary period commenced May 30, 1997, and expired June 30, 2002. On May 3, 2013, Wilson filed a motion for relief pursuant to section 1203.4. On May 17, 2013, the parties appeared for a hearing on the motion. The matter was taken under submission and continued to June 7, 2013. On June 7, following…