Is a defendant entitled to postconviction relief under section 1203.4, subdivision (a)(1)(1) of the California Criminal Code?

charges under section 1203.4, subdivision (a)(1). Defendant's "entitlement to postconviction relief, and the form thereof, is governed by statute." (People v. Mendez (1991) 234 Cal.App.3d 1773, 1778.) Defendant was not entitled to relief under either statute.

The court erred by reducing defendant's convictions to misdemeanors under section 17, subdivision (b)(1).

In 2010, defendant was charged with and pleaded guilty to felony violations of driving under the influence with a blood alcohol level of 0.08 percent or higher (Veh. Code, 23152, subds. (a) & (b); counts 1 & 2) and admitted he had previously been convicted of three or more separate violations of driving under the influence within 10 years (Veh. Code, 23550, subd. (a)). These offenses were "wobblers," meaning they could be treated as either felonies or misdemeanors. (Veh. Code, 23550, subd. (a); People v. Statum (2002) 28 Cal.4th 682, 699 ["a wobbler is 'an offense which may be charged and punished as either a felony or a misdemeanor'"].)

When a defendant has pleaded guilty to a wobbler that was charged as a felony, "the procedures set forth in section 17, subdivision (b) . . . govern the court's exercise of discretion to classify the crime as a misdemeanor." (People v. Park (2013) 56 Cal.4th 782, 790.) The court has the discretion under section 17, subdivision (b)(1) to reduce a wobbler from a felony to a misdemeanor if the sentence imposed by the court is something other than a state prison term.⁵ "The trial court has discretion to 'reduce a wobbler to a misdemeanor either by declaring the crime a misdemeanor at the time probation is granted or at a later timefor example when the defendant has successfully

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