P. v. Flores CA6
Defendant Fernando Covarrubias Flores filed petitions to have two convictions dismissed pursuant to Penal Code section 1203.4. On appeal, Flores contends that the trial court abused its discretion in denying both petitions. Flores also maintains that his counsel was ineffective for failing to argue that the trial court was required to grant one of the petitions and for misstating that case’s procedural history. The Attorney General concedes error with respect to the trial court’s denial of one of the petitions but argues that the trial court acted within its discretion in the second case. We agree that the trial court erred in denying one of Flores’s petitions, but conclude that the trial court did not abuse its discretion in denying the other.
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