People v. Guadagnino CA3

Filed 9/30/16 P. v. Guadagnino CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C080743

Plaintiff and Respondent, (Super. Ct. No. 09F02960)

v.

JOHN GUADAGNINO,

Defendant and Appellant.

In 2009 defendant John Guadagnino was convicted of felony possession of child pornography (Pen. Code, § 311.11, subd. (a))1 and placed on five years of formal probation. In 2015, after completing his term of probation, he sought to dismiss his felony conviction pursuant to section 1203.4. The court denied him relief on the ground

Undesignated statutory references are to the Penal Code.

1 that section 1203.4, subdivision (b), enacted after his conviction, makes relief unavailable to persons…