Can a defendant withdraw a plea of guilty and enter a not guilty plea under section 1203.4a of the Criminal Code?

California, United States of America


The following excerpt is from People v. Khamvongsa, 214 Cal.Rptr.3d 623, 8 Cal.App.5th 1239 (Cal. App. 2017):

Once the trial court designated appellant's 2002 felony conviction as a misdemeanor, " section 1170.18, subdivision (k) reclassified that conviction as a misdemeanor for all purposes. " (People v. Abdallah, supra , 246 Cal.App.4th at p. 746, 201 Cal.Rptr.3d 198.) Appellant thus requested permission to withdraw her plea of guilty, enter a plea of not guilty, and have the court dismiss the action under section 1203.4a as a "defendant convicted of a misdemeanor and not granted probation." Whatever sentence appellant had served for that offense was irrelevant under section 1203.4a, and the trial court erred in denying appellant's petition for dismissal.

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