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People v. Khamvongsa

California Court of Appeals, Second District, First Division

February 24, 2017

THE PEOPLE, Plaintiff and Respondent,
v.
ERICA LAUREN KHAMVONGSA, Defendant and Appellant

          APPEAL from a judgment of the Superior Court of Los Angeles County, No. KA057009, Salvatore T. Sirna, Judge.

          Reversed with directions.

Page 1240

[Copyrighted Material Omitted]

Page 1241

          COUNSEL

         John Doyle, under appointment by the Court of Appeal, for Defendant and Appellant.

Page 1242

         Kamala 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 Respondent.

         Lui, J., with Rothschild, P. J., and Johnson, J., concurring.

          OPINION

          [214 Cal.Rptr.3d 624] LUI, J.

          Erica Lauren Khamvongsa appeals from the denial of her petition for dismissal of two misdemeanor convictions under Penal Code[1] 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 case.

         PROCEDURAL BACKGROUND

         On 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.

         On 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 ...


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