California Court of Appeal

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People v. Johnson, E055690

Trial court's denial of defendant's motion to set aside his guilty plea and dismiss the complaint pursuant to Penal Code section 1203.4, is affirmed where: 1) contrary to defendant's interpretation that early termination of probation makes a defendant eligible for relief, decisional law requires a defendant making an application for relief under the statute affirmatively establish that he or she has fulfilled all probationary conditions; and 2) defendant is not eligible for relief under section 1203.4 because defendant never fulfilled the prescribed conditions of probation during the probationary term, and because his period of probation was not terminated for good conduct, but, rather, a prison term had been imposed on him in other felony cases.

Appellate Information

  • Decided 11/20/2012
  • Published 11/20/2012

Judges

  • Ramirez

Court

  • California Court of Appeal

Counsel

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