People v. Rosdahl CA2/6

Filed 6/15/16 P. v. Rosdahl CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. Nos. B263043, B263051 (Super. Ct. Nos. 2001027537, CR36324) Plaintiff and Respondent, (Ventura County)

v.

TIMOTHY THOMAS ROSDAHL,

Defendant and Appellant.

In these two consolidated cases, Timothy Thomas Rosdahl appeals from orders denying petitions to expunge prior convictions pursuant to Penal Code section 1203.4.1 We reverse and remand with directions to grant the petitions.

1 "The 'release[ ] from penalties and disabilities' provided in Penal Code section 1203.4 is sometimes referred to as 'expungement' of the conviction. . . . [H]owever, . . . Penal Code section 1203.4 does not, strictly speaking, 'expunge' the conviction, nor render the conviction 'a legal nullity.' [Citation.] For example, charges dismissed under Penal Code section 1203.4 may be treated as convictions for some purposes (e.g., impeachment with prior conviction in a future prosecution). However, the 'release[ ] from penalties and disabilities' is a palpable benefit, such that the conviction may be treated as if it were not a conviction for most purposes." (People v. Guillen (2013) 218 Cal.App.4th 975, 996.)

Procedural Background Case No. 2001027537 In September 2000 appellant pleaded guilty to felony possession of cocaine (Health & Saf. Code, § 11350, subd. (a)) and misdemeanor possession of marijuana. (Id., § 11357, subd. (b).) The imposition of sentence was suspended, and he was placed on formal probation for three years on condition that he serve 60 days in the county jail. In October 2000 he admitted a violation of probation. He was ordered to serve an additional 10 days in the county jail. In January 2015 the felony drug offense was designated a misdemeanor pursuant to Penal Code section 1170.18, subdivisions (f) and (g). In March 2015 appellant filed a Penal Code section 1203.4 petition to withdraw his guilty pleas and have the action dismissed. Using a preprinted Judicial Council form, appellant put an "x" in the box that showed he was eligible for the requested relief because he had "fulfilled the conditions of probation for the entire period thereof." Appellant declared, "Despite probation violations attributable to drug and/or alcohol abuse, I eventually completed probation . . . ." He did not put an "x" in the box that showed he "should be granted relief in the interests of justice." But he attached a declaration explaining why he should be granted such relief. Appellant declared: He completed a drug rehabilitation program and has "been drug-and alcohol-free since 2000." He "returned to school and earned an associate of arts degree at Moorpark College in 2003. Between 2000 and 2008 [he] worked part-time and went to school. [He] graduated from California State University, Channel Islands in 2008 with a bachelor's degree in studio art, emphasizing communications design." He started teaching at Pierce College in 2004. In 2009, Pierce College "gave [him] a three-year appointment to teach and support faculty in instructional media." He "continue[s] to teach there part-time." He got married in 2009 and has two step-daughters. In 2011 he "started [his] own digital web design and graphic design business." "Since 2001, [he has] not been arrested or charged with any offense except minor traffic infractions that did not involve drugs or alcohol."