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Name: People v. Holman
Case #: E054989
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 03/29/2013

Where trial court grants Penal Code section 1203.4 motion to dismiss after successful completion of probation, there is no longer a conviction for purposes of restitution, so the trial court correctly dismissed mandatory restitution fines. Defendant was on probation in several cases through a drug court program. She ultimately successfully completed her program and the trial court terminated her probation early, dismissing her cases and all previously imposed fines. The prosecution appealed. Held: Affirmed. The Court of Appeal discussed cases that hold that restitution fines survive the revocation of probation (i.e., People v. Chambers (1998) 65 Cal.App.4th 819) and found the present situation distinguishable. Under Penal Code section 1203.4 relief from some of the burdens of a conviction may be granted a defendant under certain circumstances. Although section 1203.4 does not “expunge” a conviction, as there are express exceptions to the extinguishing of burdens, it does afford a palpable benefit to defendants, releasing them from most penalties and disabilities by (for most purposes) obviating conviction. The triggering event for imposition of restitution is conviction. Once relief has been granted under section 1203.4, the charge of conviction is dismissed and the foundation of the restitution fine no longer exists.