P. v. Hanna CA2/1
In 2002, Samir Hanna (Hanna) was convicted of violating Penal Code section 289, subdivision (d), a felony offense. Hanna has long since served his one-year jail term on that conviction and successfully completed probation in 2004. In 2012, this court handed down People v. Lyu (2012) 203 Cal.App.4th 1293 (Lyu). Based on Lyu, Hanna contended he was factually innocent of the section 289 offense and asked the trial court to set aside his conviction. Specifically, Hanna requested that the trial court dismiss his case in the interest of justice under section 1385. The trial court denied Hanna’s motion. As section 1203.4 is the exclusive method for a trial court to dismiss the conviction of a defendant who has successfully completed probation, we affirm.
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