Rodriguez

*974 FACTUAL AND PROCEDURAL HISTORY

On March 3, 2005, defendant and appellant Jorge A. Millan Rodriguez pled guilty to unlawful intercourse by a person over 21 under Penal Code 1 section 261.5, subdivision (d). Defendant, as a person over 21, admitted to having sex with a person under the age of 16. The trial court sentenced defendant to formal probation for 36 months.

*541 *975 On June 7, 2005, defendant was taken into custody by the Immigration and Naturalization Service pending resolution by an immigration judge whether defendant would be removed from the United States. That same year, defendant was ordered removed.

On November 6, 2007, defendant admitted to violating his probation. The trial court added 60 days to defendant's sentence, to be served on a work release program to commence on December 14, 2007, and reinstated defendant's probation. On September 10, 2008, defendant admitted a violation of a term of his probation requiring defendant to report to probation. The court then reinstated probation.

"On December 16, 2016, defendant filed a petition for dismissal under ... section 1203.4, and a petition for a reduction of his felony conviction to a misdemeanor under ...…