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Cal. Pen. Code § 1203.

4: CASE LAW

[FILING]
Lewis v. Clarke, 108 Cal. App. 4th 563 (2nd App., 2003)
The superior court clerk is directed to accept for filing, without requiring payment of
a filing fee, any petition for relief under Penal Code section 1203.4. The superior
court is directed to order a petitioner to pay all or any portion of the rate
determined by the county board of supervisors only after the court determines,
using the standards of Penal Code section 987.8, subdivision (g)(2), that the
petitioner has the ability to pay that amount without undue hardship.

[INELIGIBILITY]
People v. Borja, 110 Cal. App. 3d 378 (1st App., 1980)
Executed prison sentence makes 1203.4 unavailable.

People v. Sperbeck, 2002 Cal. App. Unpub. LEXIS 4734


Execution of prison term upon violation of probation makes 1203.4 unavailable.

People v. Bueno, 177 Cal. App. 2d 235 (2nd App., 1960)


The omission of express conditions or terms of probation directed toward the
rehabilitation of a defendant does not invalidate what is otherwise in effect a grant
of probation.

Meyer v. Superior Court of Sacramento County, 247 Cal. App.


2d 133 (1966)
Expunging a felony conviction under 1203.4 does not make the conviction ineligible
for 17(b) reduction to misd.

[MANDATORY V. DISCRETIONARY]
People v. Hawley, 228 Cal.App.3d 247 (1st App., 1991)
Early termination of probation entitles the defendant to the relief under 1203.4.

People v. Johnson (1955) 134 Cal. App. 2d 140


Successful completion of probation makes granting of 1203.4 petition mandatory,
and no post-probation evidence may be offered by the People.
People v. Bradus (2007) 149 Cal. App. 4th 636
Failure to pay costs not part of probation condition (attorney & probation costs)
does not make what is otherwise a mandatory 1203.4 petition discretionary one.
"outstanding attorney fees and costs of probation that are not conditions of
probation or requirements for section 1203.4 relief."

[RESTITUTION]
People v. Butler (1980) 105 Cal. App. 3d 585
The court considered 1203.4 mandatory for a petitioner who failed to pay the full
amount of his restitution before the end of his probation but was discharged early
from probation.

People v. Fukamoto (6-23-1009) (2nd App., unpublished)


Where a court improperly fails to order victim restitution or find compelling reasons
for not doing so, the court retains jurisdiction to reopen the case for the limited
purpose of addressing victim restitution, notwithstanding the dismissal of the action
under section 1203.4.

People v. Chandler (1988) 203 Cal. App. 3d 782

People v. Covington (2000) 82 Cal. App. 4th 1263


Failure to fully pay restitution ordered as part of probation terms and conditions
before the end of probation, regardless of her timely payment of all payments
ordered by the probation department, constitutes failure to fulfill the conditions of
probation for the purpose of 1203.4.

[RES JUDICATA]
People v. McLernon, 174 Cal. App. 4th 569
The court held that a trial court, in determining whether to grant relief under the
discretionary provision of § 1203.4, subd. (a), could consider any relevant
information, including post-probation conduct. The doctrine of res judicata did not
bar the motion because a request for relief under the interests of justice provision of
§ 1203.4 necessarily was based upon the facts as they existed at the time of the
request.
[APPLICABLE TO SPECIFIC OFFENSE]
People v. Mgebrov, 166 Cal. App. 4th 579 (1st App., 2008)
PC 1203.4 is offense-spefic and may be applied to dismiss all charges for which the
defendant has been convicted and which the defendant is eligible to dismiss under
1203.4.