People v. Luna CA4/1

Filed 2/28/25 P. v. Luna CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084066

Plaintiff and Respondent,

v. (Super. Ct. No. SCD233639)

MICHAEL LUNA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, John G. Pro, Judge. Affirmed. Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

Michael Luna appeals from an order denying his petition seeking a discretionary expungement and to reduce his felony conviction to a misdemeanor. His appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). We notified Luna of his right to file a supplemental brief, and he

has not done so. Based on our independent review of the record, we find no reasonably arguable appellate issues and affirm the order. FACTUAL AND PROCEDURAL BACKGROUND On April 16, 2011, officers conducted a traffic stop of a vehicle registered to Luna. Luna was the passenger in the vehicle and another man was driving. During a search of the vehicle, officers found a shotgun, a handgun, a collapsible baton, and ammunition. A records check revealed that Luna had a valid restraining order against him stating that he was not to own or possess any firearms except in the course of his duties with the military. However, Luna had been discharged from the army two weeks before the traffic stop. On April 29, 2011, Luna pled guilty to unlawful possession of a firearm (Pen. Code, § 12021, subd. (c)(1)) (all further statutory references are to the Penal Code). On May 31, the trial court granted Luna three years of formal probation with the condition he serve 180 days in custody, which was stayed pending successful completion of probation. On July 29, 2011, Luna was arrested and his probation was revoked and reinstated. He was sentenced to 180 days in custody and released on October 29. On November 2, Luna was again arrested for probation violations. On July 30, 2013, his probation was revoked and was later reinstated and set to expire on May 30, 2016. However, on May 12, 2016, Luna was rearrested for probation violations. On February 21, 2024, Luna filed a petition for dismissal under section 1203.4 and for a reduction of his felony conviction to a misdemeanor under section 17, subdivision (b)(3). In the attached declaration, Luna explained the requested relief would allow him to pursue a career in paralegal studies and criminal justice. He also stated he had completed