People v. Chen CA2/3

Filed 12/12/13 P. v. Chen CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B242674

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA056094) v.

WEITING CHEN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Wade D. Olson, Judge. Affirmed. Jaime Jasso for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Michael R. Johnsen and Esther P. Kim, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant, Weiting Chen, appeals the trial court’s denial of a post- judgment motion to vacate his conviction for selling methamphetamine (Health & Saf. Code, § 11379). The order denying Chen’s motion is affirmed. BACKGROUND In May 2001, Chen pled guilty to selling 3.26 grams of methamphetamine in violation of Health and Safety Code section 11379. Imposition of sentence was suspended and Chen was placed on probation for three years. In November 2004, Chen petitioned to have his felony conviction reduced to a misdemeanor under Penal Code section 17, subdivision (b)(3),1 and to have his guilty plea set aside under section 1203.4 because he had fulfilled the conditions of his probation.2 In January 2005, the trial court vacated the guilty plea and dismissed the case pursuant to section 1203.4, but denied Chen’s request to reduce the conviction to a misdemeanor. On April 25, 2012, Chen filed a new motion, this time asking the trial court to vacate his conviction in the interest of justice under section 1385. Chen declared he was a lawful permanent resident, having immigrated to the United States from Taiwan at a young age, and that if he left the country as planned, to get married in Taiwan,