People v. Davis CA2/7

Filed 10/14/14 P. v. Davis CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B254687

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA016161) v.

DEYON KEITH DAVIS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Mark E. Windham, Judge. Affirmed. Deyon Keith Davis, in pro. per., and Christian C. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ______________________

Deyon Keith Davis appeals from a postjudgment order denying his petition for dismissal following completion of probation pursuant to Penal Code section 1203.4.1 We affirm. FACTUAL AND PROCEDURAL BACKGROUND Davis was charged in a felony complaint on December 10, 1993 with two counts of burglary (§ 459) and three counts of grand theft (former § 487, subd. 1.) On January 12, 1994 Davis waived his rights to a preliminary hearing and a jury trial and entered a negotiated plea of no contest to an amended count of receiving stolen property (former § 496, subd. 1),2 a felony. The minute order of the plea hearing reflects Davis was advised of his constitutional rights and the nature and consequences of the plea.3 The trial court, sitting as a magistrate, found Davis’s waivers and plea were voluntary, knowing and intelligent, accepted the plea and certified the case for sentencing to superior court. (§ 859a.) Bail was exonerated, and Davis was released on his own recognizance. The sentencing hearing was scheduled for February 28, 1994. It appears the superior court placed Davis on probation on or about that date because a September 22, 1995 abstract of judgment indicates the court revoked Davis’s probation, sentenced him to a two-year state prison term and remanded him to custody. On January 17, 2014 Davis, representing himself, petitioned for dismissal of his 1994 conviction for receiving stolen property. Checking boxes on a preprinted Judicial Council form, Davis asserted as grounds for dismissing his conviction that the offense was “a felony that may be reduced to a misdemeanor,” that probation had been granted and he had been “discharged from probation prior to the termination of the period