Can a defendant appeal against his conviction under section 289, subdivision (i) and 288a, subdivision of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Smith, A143882 (Cal. App. 2015):

On June 30, 2014, this court held the trial court should have dismissed defendant's convictions under section 289, subdivision (i) and 288a, subdivision (b)(2). (People v. Smith, supra, 227 Cal.App.4th at p. 724.) We reversed the trial court's order denying dismissal as to those two convictions and remanded the matter to the trial court for further proceedings in compliance with section 1203.4. (Id. at p. 732.) On remand, the trial court dismissed these two convictions.

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