Ricci
People v. Ricci
Opinion
lead Opinion
Needham, J.
*528 This appeal presents the following issue: May a defendant who has suffered both felony and misdemeanor convictions in the same case seek the dismissal of the misdemeanor *92 convictions under section 1203.4a? 1 The Attorney General concedes a felony conviction does not disqualify a defendant from seeking relief as to misdemeanor convictions in the same case. Finding the concession to be appropriate, we reverse the trial court's order denying appellant's petitions for dismissal and direct the court to consider those petitions on their merits.
I. BACKGROUND
"[S]ection 1203.4 permits convicted felons or misdemeanants who have been granted probation to petition the court for release from the penalties and disabilities resulting from the conviction after their probationary period has terminated. ... [¶] ... [S]ection 1203.4a provides similar relief for persons convicted of misdemeanors and not granted probation." ( People v. Mendez (1991) 234 Cal.App.3d 1773 , 1778, 286 Cal.Rptr. 216 .) The relief afforded by these provisions is required when specified conditions are met. ( People v. McLernon (2009) 174 Cal.App.4th 569 , 574-575, 94 Cal.Rptr.3d 570 ; § 1203.4, subd. (a)(1), §…