People v. Davis CA4/3

Filed 2/4/26 P. v. Davis CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G065387

v. (Super. Ct. No. 15NF2787)

ROBERT SAMUEL DAVIS, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Christopher Duff, Judge. Reversed and remanded. Melanie L. Skehar, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Arlene A. Sevidal, Assistant Attorney General,

A. Natasha Cortina and Genevieve Herbert, Deputy Attorneys General, for Plaintiff and Respondent. * * * Defendant Robert Samuel Davis filed a petition for dismissal citing three different Penal Code sections—sections 1203.4, 1203.4a, and 1203.41.1 The trial court denied the petition based on section 1203.41, under which Davis was not entitled to relief. We reverse and remand to allow the court to consider Davis’s claim for relief under section 1203.4. FACTUAL AND PROCEDURAL BACKGROUND In 2016, Davis pleaded guilty to one count of dissuading a witness from reporting a crime. (§ 136.1 subd. (b)(1).)2 Davis also admitted a prior strike conviction. (§§ 667, subds. (d) & (e)(1), 1170.12, subds. (b) & (c)(1).) The trial court struck the prior strike for sentencing purposes, suspended imposition of sentence, and placed Davis on three years formal probation with a condition that he serve 364 days in the county jail. In March 2017, Davis violated his probation, his probation was revoked, and he was remanded into custody. In June 2017, Davis admitted the probation violation. The trial court reinstated probation on condition that Davis serve 180 days in jail, with 152 days of custody credits. In March 2019, Davis was discharged from probation.