P. v. Blair CA2/3
Defendant Lance Larn Blair appeals from the denial of his petition to dismiss a misdemeanor conviction under Penal Code section 1203.4a. The case presents the following issue: May a defendant whose prior felony conviction has been reduced to a misdemeanor under Proposition 47 subsequently petition the court for dismissal of the conviction under section 1203.4a, despite having served a prison term for the original felony? We conclude he can. We therefore reverse the trial court’s denial of defendant’s petition for dismissal and remand with directions to consider the petition on the merits.
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