Maya
People v. Maya
Opinion
Lead Opinion
Gilbert, J.
A model prisoner is not necessarily a model citizen.
Misael Vences Maya appeals an order denying a motion to expunge his misdemeanor conviction for possession of methamphetamine. ( Pen. Code, § 1203.4a [rehabilitation of misdemeanants]; Health & Saf. Code, § 11377, subd. (a).) 1 We affirm.
This appeal concerns the trial court's denial of Maya's request to expunge his conviction for possession of methamphetamine following his successful motion to reduce the felony conviction to a misdemeanor. In ruling against Maya, the trial judge stated that Maya could not establish that he had lived "an honest and upright life" as required by section 1203.4a, subdivision (a) because he has been in continuous state or federal custody following his 2011 conviction. The court later denied Maya's motion for reconsideration, noting that it was denying relief in the exercise of its discretion. Maya now appeals the denial of his expungement motion and motion for reconsideration.
FACTUAL AND PROCEDURAL HISTORY
On June 30, 2011, Maya pleaded guilty to driving under the influence with six prior driving-under-the-influence convictions, and possession of methamphetamine. ( Veh. Code, §§ 23152, subd.…