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Name: People v. Mgebrov
Case #: A118081
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 08/29/2008

Trial court did not err by granting relief under Penal Code section 1203.4, subdivision (a) for two of three convictions. Appellant was convicted in 1999 of a violation of Penal Code section 288, subdivision (c)(1), a sexual battery in violation of section 234.4, and resisting a police officer in violation of section 148, subdivision (a). In 2007, he moved for relief pursuant to section 1203.4, subdivision (a), to set aside the sexual battery and resisting arrest convictions. The court granted the motion, but noted that the section 288 offense was not statutorily eligible for relief. The prosecutor appealed, contending that the plain language and legislative history of section 1203.4 establish that defendants convicted of multiple counts are not entitled to section 1203.4 relief at all if any one of the counts of conviction include a section 288 violation. The appellate court rejected the prosecutor’s argument and affirmed. The plain and commonsense meaning of section 1203.4 is that trial courts may set aside guilty verdicts on individual counts in an information.