P. V. Lerma CA4/2
Opinion
Opinion
BACKGROUND
In 1979, defendant entered a plea of guilty to a misdemeanor charge of being an
accessory to possession of narcotic paraphernalia in prison in violation of section 32 of
the Penal Code1 and former section 11364 of the Health and Safety Code. He was
sentenced to 365 days in San Bernardino County jail.
In November 2019, while housed in the Los Angeles Metropolitan Detention
Center, defendant filed a petition pursuant to section 1203.4a for dismissal of that
conviction. In his petition, he averred the conviction was adversely affecting his custody
security level at the Federal Bureau of Prisons and dismissal of it would permit him to
participate in college courses, vocational training, and drug diversion programs so he
could obtain a degree while serving his term.
The court sent a form to the San Bernardino County District Attorney’s Office in
Rancho Cucamonga requesting a recommendation for disposition of defendant’s petition.
That office checked the form’s option, “Recommends petition be denied,” and added a
handwritten comment that defendant was convicted in 1989 of violations of sections
4500, 4501, and 4502.