People v. Romero

Opinion

STEIN, J.

—Gerardo Angeles Romero appeals from an order denying his motion to modify or terminate probation and to obtain release from penalties.

Factual and Procedural Background

*

On August 4, 1988, appellant pled guilty to one count of sexual battery (Pen. Code, § 243.4, subd. (a)).

1

On February 24, 1989, imposition of sentence was suspended and appellant was placed on probation for three years, with one year in county jail. He received credit for time served in jail and was released.

On October 9, 1990, appellant filed a motion for early termination of probation and to obtain release from penalties pursuant to sections 1203.3 and 1203.4, stating that he had complied with all terms of probation and

[1425]

needed the conviction expunged to make him eligible for permanent resident status.

2

On October 25, 1990, the motion was denied.

3

A timely notice of appeal was filed on December 17, 1990.

Discussion

Appealability of the Order

Citing

People

v.

Soukup

(1983) 141 Cal.App.3d 858 [190 Cal.Rptr. 635] (disapproved on other grounds in

In re Bakke

(1986) 42 Cal.3d 84, 88 [227 Cal.Rptr. 663, 720 P.2d 11]), respondent argues that the order denying a section 1203.4 motion is not appealable. Section 1237 provides that a defendant may appeal in the following circumstances: “(a) From a final judgment of conviction .... A sentence, [or] an order granting probation, . . . shall be deemed to be a final judgment within the meaning of this section. ... HU (b) From any order made after judgment, affecting the substantial rights of the party.”