People v. Ricci
Annotate this CaseIn 1989, in case MCR97449, appellant was placed on probation after a conviction for misdemeanor evading a peace officer. In 1996, in case SCR22536, appellant was convicted of felony criminal threats and misdemeanor child abuse, vandalism, and being under the influence of a controlled substance. He was sentenced to prison. In 2016, appellant sought dismissal of his misdemeanor convictions in both cases under Penal Code 1203.4. The trial court denied the petition, reasoning that relief was not available for a defendant convicted of both misdemeanors and a felony, because the title of section 1203.4a is “Rehabilitation of Misdemeanants” and the remedy is dismissal of the accusatory pleading, which cannot be dismissed in its entirety in cases where felony counts remain. The court of appeal vacated and remanded. A felony conviction does not disqualify a defendant from seeking relief as to misdemeanor convictions in the same case. Section 1203.4 permits convicted felons or misdemeanants who have been granted probation to petition for release from the penalties and disabilities resulting from the conviction after their probationary period. Section 1203.4a provides similar relief for persons convicted of misdemeanors and not granted probation. The relief is required when specified conditions are met; otherwise, relief is available in the court’s discretion in the interests of justice.
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