People v. Walton CA2/4

Filed 7/18/25 P. v. Walton CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B341269

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA063394) v.

CARL LEE WALTON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Richard M. Goul, Judge. Reversed and remanded. Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Kristen Inberg and Taylor Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Carl Lee Walton appeals from an order denying his petition for dismissal pursuant to Penal Code section 1203.41.1 Walton contends the trial court abused its discretion when it denied his petition. The People concede the matter should be remanded for further proceedings. We reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND In 2004, Walton was charged by information with second degree robbery (§ 211; count one) and possession for sale of cocaine base (Health & Saf. Code, § 11351.5; count two). In March 2005, Walton pled no contest to count two and was sentenced to three years in state prison. Pursuant to the plea agreement, count one was dismissed. In July 2024, Walton filed a petition for dismissal of his conviction under section 1203.41. Walton stated he was released from prison in 2007 and discharged from parole in 2009 or 2010. He asserted he had not been convicted of any crimes since his discharge from parole, and he attached numerous documents reflecting his community engagement and personal and professional achievements from 2011 to 2021. The People did not oppose the petition. The following month, the trial court issued an order summarily denying the petition. The order stated, “The Court having read and considered the Petition for Dismissal pursuant to Penal Code section 1203.41 and 17(b), rules as follows: [¶] Petition is denied.” Walton timely appealed.