People v. Alesana CA2/7

Filed 1/9/26 P. v. Alesana CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B340811

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA111426) v.

ELIJAH ALESANA,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, Laura Laesecke, Judge. Affirmed in part and reversed in part. Sally Patrone, 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, Assistant Attorney General, Jason Tran and Taylor Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.

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Elijah Alesana appeals the trial court’s denial of his petition to expunge his conviction for felony grand theft by embezzlement under Penal Code1 section 1203.4 and to reduce his offense to a misdemeanor. We agree the court erred in denying his expungement request and in failing to consider his request to reduce the offense to a misdemeanor.

FACTUAL AND PROCEDURAL BACKGROUND

In 2019, Alesana pleaded no contest to felony grand theft by embezzlement (§§ 487, subd. (a), 504). The trial court placed him on formal probation for three years and ordered him to pay $27,600 in victim restitution (§ 1202.4, subd. (f)) and to perform 45 days of community service. In 2022, a few days before his grant of probation was set to expire, Alesana advised the court he had completed only four of the 45 days of community service. Alesana stipulated to a new grant of probation set to expire one year later. One year later, Alesana submitted to the court proof that he had partially completed his community service obligation. Alesana again stipulated to a new grant of probation to expire in six months. His restitution obligation was converted to a civil judgment. On the date Alesana’s new probation period was set to expire, Alesana appeared in court and the court summarily revoked his probation because Alesana still had 17 days of community service outstanding. Alesana agreed to serve eight days in county jail in lieu of completing the remaining community service. Alesana was remanded that day and spent