People v. Cebreros CA6

I. Background

In 1988, defendant was charged by information with felony possession of cocaine for sale (Health & Saf. Code, § 11352). He subsequently pleaded guilty to felony possession of cocaine and was granted probation. In 1998, defendant sought relief under section 1203.4. The court granted him relief under section 1203.4. In August 2015, defendant filed a petition under section 1170.18 for redesignation of his 1988 conviction as a misdemeanor. The prosecution opposed his petition and contended that the court lacked “jurisdiction” because defendant had already been granted relief under section 1203.4. The court denied defendant’s petition on the ground that “[t]he offense is not eligible for the requested relief” because “[t]his conviction has already been dismissed.” Defendant timely filed a notice of appeal from the court’s order.

II. Analysis

This court held in People v. Tidwell (2016) 246 Cal.App.4th 212 (Tidwell) that the fact that a defendant has been granted relief from some of the consequences of a felony conviction under section 1203.4 does not mean that the conviction is ineligible for redesignation as a misdemeanor under section 1170.18. (Tidwell, at pp.…