People v. Thomas CA4/2

I. INTRODUCTION

In 2018, defendant and appellant Melinda Kay Thomas was convicted of one

count of attempted criminal threats (Pen. Code,1 §§ 644, 422, subd. (a); count 1); two

counts of possession of a firearm by a prohibited person (§ 29800, subd. (a)(1); counts 2,

3) and one count of possession of ammunition by a prohibited person (§ 30305,

subd. (a)(1); count 4). In 2022, defendant petitioned to vacate her convictions pursuant to

newly enacted section 236.15, which generally permits the trial court to vacate a

conviction upon a showing that the conviction was the direct result of being a victim of

intimate partner violence or sexual violence. (§ 236.15, subd. (a).)

Defendant appeals from the denial of her petition, arguing: (1) the trial court’s

factual findings are not supported by substantial evidence; (2) the trial court erred by

utilizing incorrect evidentiary and legal standards beyond those specified in section

236.15; and (3) the matter should be remanded for full reconsideration of her petition in

light of amendments made to section 236.15 during the pendency of her appeal. We

conclude: (1) substantial evidence supports the trial court’s factual findings;…