People v. Lewis

Opinion

MILLER, J.

FACTUAL AND PROCEDURAL HISTORY

Defendant and appellant Mark Todd Lewis (defendant) pleaded guilty to two counts of attempted lewd acts on a child under Penal Code

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sections 664 and 288, subdivision (c); two counts of exhibiting harmful material to a minor under section 288.2, subdivision (a); and procuring another to publicly expose himself under section 314.2. The trial court suspended imposition of sentence and placed defendant on three years formal probation. After successfully completing probation, defendant filed a motion seeking release from penalties under section 1203.4. The trial court denied the motion. On appeal, defendant contends that the trial court erred in denying his motion. The People concede. We agree with the parties and reverse the trial court’s order.

DISCUSSION

A.

The Trial Court Erred in Denying Defendant’s Motion

Defendant contends that the trial court erred in denying his motion for relief under section 1203.4, subdivision (a). The People agree with defendant.

Section 1203.4, subdivision (a) provides: “In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or

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in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty . . . and ... the court shall thereupon dismiss the accusations or information against the defendant. . . .”