California Court of Appeals, Second District, First Division
from a judgment of the Superior Court of Los Angeles County,
No. KA057009, Salvatore T. Sirna, Judge.
Reversed with directions.
[Copyrighted Material Omitted]
Doyle, under appointment by the Court of Appeal, for
Defendant and Appellant.
D. Harris, Attorney General, Gerald A. Engler, Chief
Assistant Attorney General, Lance E. Winters, Mary Sanchez
and John Yang, Deputy Attorneys General, for Plaintiff and
J., with Rothschild, P. J., and Johnson, J., concurring.
Cal.Rptr.3d 624] LUI, J.
Lauren Khamvongsa appeals from the denial of her petition for
dismissal of two misdemeanor convictions under Penal
Code section 1203.4a. The case presents the
following issue: May a defendant whose prior felony
conviction has been designated as a misdemeanor pursuant to
Proposition 47 obtain relief under section 1203.4a despite
having served a prison sentence for the prior conviction? We
conclude that the fact that appellant served a prison term
for a conviction that has been reclassified as a misdemeanor
does not disqualify her from relief under section 1203.4a,
subdivision (a). We therefore reverse the trial court's
denial of appellant's petition for dismissal in this
September 24, 2002, appellant pleaded no contest to the
felony of possession of a controlled substance, a violation
of Health and Safety Code section 11377, subdivision (a), and
the misdemeanor of being under the influence of a controlled
substance in violation of Health and Safety Code section
11550, subdivision (a). Pursuant to the plea agreement,
appellant also admitted a 1998 strike conviction for second
degree robbery. Appellant was sentenced in accordance with
her plea agreement to 32 months in state prison, consisting
of the low term of 16 months, doubled pursuant to Penal Code
section 1170.12, subdivisions (a) through (d), plus a
concurrent jail term of nine months for the misdemeanor.
November 23, 2015, the trial court granted appellant's
application pursuant to Penal Code section 1170.18,
subdivisions (f) through (i) to redesignate her felony
conviction under Health and Safety Code section 11377,
subdivision (a) as a misdemeanor. Thereafter, on December 2,
2015, appellant petitioned for dismissal of both misdemeanor
convictions pursuant to section 1203.4a. The trial ...