People v. Brown

Filed 5/21/25 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B337098 (Super. Ct. No. LA043272) Plaintiff and Respondent, (Los Angeles County)

v.

MYRON DIJON BROWN,

Defendant and Appellant.

Myron Dijon Brown appeals from an order denying his petition for dismissal pursuant to Penal Code section 1203.41.1 He contends the trial court erred by concluding that an antecedent failure on probation precluded section 1203.41 relief. The People concede the matter should be reversed. We accept the confession of error and reverse. Procedural Background In 2003, appellant pleaded guilty to sale or transportation of a controlled substance. (Health & Saf. Code, § 11352, subd.

1 All further statutory references are to the Penal Code unless otherwise indicated.

(a).) The trial court suspended imposition of sentence and placed appellant on probation for three years. In 2005, appellant admitted violating probation. The trial court revoked probation and sentenced appellant to state prison for three years. In 2023, appellant filed a petition for dismissal of his 2003 conviction pursuant to section 1203.41. The People opposed the petition. The trial court conducted a hearing on the petition. It noted appellant was “originally placed on probation and violated probation and sent to state prison, so he didn’t successfully complete his probationary term. If he was originally sentenced to state prison, then he might have gotten an expungement.” Appellant argued his conviction should be dismissed pursuant to section 1203.41 because he was sentenced to prison. The trial court responded, “But that wasn’t the original sentence.” It denied the petition on this basis. Discussion Appellant contends the trial court erred in denying his petition because he was not originally sentenced to state prison. The People now agree. Section 1203.41 originally only permitted defendants sentenced to jail pursuant to section 1170, subdivision (h)(5)(A)- (B) to petition for dismissal. Senate Bill No. 731 (2021-2022 Reg. Sess.) amended section 1203.41 to permit defendants sentenced to state prison to petition for relief. (See § 1203.41, subd. (a)(2).) This presents a question of statutory interpretation, which we review de novo. (People v. Lewis (2021) 11 Cal.5th 952, 961.) In interpreting a statute, our fundamental task is to determine the Legislature’s intent so as to effectuate the law’s purpose. (Ibid.) We begin by examining the statute’s words, giving them a