People v. Wright CA3

Filed 4/18/25 P. v. Wright CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Tehama) ----

THE PEOPLE, C101340

Plaintiff and Respondent, (Super. Ct. Nos. NCR68335, NCR51795) v.

GARY LEE WRIGHT,

Defendant and Appellant.

Defendant Gary Lee Wright filed petitions to withdraw his guilty pleas for two prior convictions and to have the charges against him dismissed, pursuant to Penal Code section 1203.4.1 Wright appeals, arguing that the trial court: (1) either abused its discretion or was not aware of the full scope of its discretion under section 1203.4, and (2) could have instead granted relief under section 4852.01. The People respond that:

1 Undesignated statutory references are to the Penal Code.

1

(1) Wright is ineligible for relief under section 1203.4; (2) in any event, Wright has failed to show an abuse of discretion under section 1203.4; and (3) Wright has forfeited any claim of error under section 4852.01. We agree with the People and will affirm the court’s order. BACKGROUND In 2000, Wright pled guilty in Tehama County Superior Court case No. NCR51795 (the assault case) to violating section 245, former subdivision (a)(1), committing an assault with a deadly weapon other than a firearm or by any means of force likely to produce great bodily injury. (§ 245, former subd. (a)(1), as amended by Stats. 1993, ch. 369, § 1.) The trial court sentenced Wright to the lower term of two years in prison, suspended execution of the sentence, and placed him on probation for three years. Wright’s probation agreement required, among other things, that he obey all laws and “abstain absolutely from the use and possession of alcohol.” In 2001, Wright was convicted of driving under the influence of alcohol. Based on this conviction, the trial court found Wright violated the terms of his probation in the assault case, terminated probation, and executed the two-year prison sentence. In 2006, Wright pled guilty in Tehama County Superior Court case No. NCR68335 (the firearm possession case) to violating former section 12021, subdivision (a)(1), possessing a firearm having been convicted of a felony. (Former § 12021, subd. (a)(1), as amended by Stats. 2004, ch. 593, § 6, p. 4665.) The trial court sentenced Wright to the middle term of four years in prison. In 2024, Wright filed pro. per. petitions asking the trial court to dismiss the convictions in both cases. The petitions alleged that Wright qualified for dismissal because he “fulfilled the conditions of probation for the entire period thereof” and was “discharged from probation prior to the termination of the period thereof.” Neither petition claimed or asserted that relief should be granted in the interests of justice. The trial court considered the information Wright submitted with his petitions, including