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Name: People v. Khamvongsa
Case #: B269998
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 02/24/2017

A defendant whose prior felony conviction has been reclassified as a misdemeanor under Proposition 47 may seek dismissal of the offense (Pen. Code, § 1203.4a) despite having served a prior prison term for the conviction. In 2002, defendant pleaded guilty to felony possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)), and being under the influence of a drug (Health & Saf. Code, § 11550, subd. (a)), and admitted a strike prior. She was sentenced to state prison. In November 2015, her Proposition 47 petition was granted and the offense was reclassified as a misdemeanor. Defendant then sought dismissal of her misdemeanor offenses (Pen. Code, § 1203.4a). The trial court denied the petition because defendant had served a prison term for the prior. She appealed. Held: Reversed. Penal Code section 1203.4a requires a trial court to dismiss misdemeanor or infraction convictions in certain circumstances, i.e., where the defendant was not charged with or convicted of a subsequent crime and has, since the date of that conviction, lived an “honest and upright life.” There are certain excluded offenses, but these do not apply to defendant. (See Pen. Code, § 1203.4a, subd. (d).) Pursuant to Proposition 47, an eligible defendant who has completed her sentence for a felony that qualifies as a misdemeanor may ask to have the offense reclassified as a misdemeanor. To ensure that qualified offenders who have had their felony conviction redesignated can gain relief from collateral consequences of the conviction (except for gun possession), Penal Code section 1170.18, subdivision (k) specifies that any felony reclassified a misdemeanor under subdivision (g) “shall be considered a misdemeanor for all purposes.” This applies to a petition under section 1203.4a.

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