P. v. Balboa CA1/1
Defendant Gilberto Balboa pled no contest to one count of lewd conduct in public under Penal Code section 647, subdivision (a). The superior court suspended sentence and imposed a probation term of three years pursuant to the parties’ plea agreement. Three months before defendant’s probation was set to expire, the court terminated his probation under section 1203a, as amended by Assembly Bill No. 1950 (2019–2020 Reg. Sess.) (Assembly Bill 1950). Defendant then filed a motion to set aside his conviction and dismiss the information pursuant to section 1203.4, which provides that a defendant whose probation terminates successfully is entitled to expungement. The motion was denied.
On appeal, the Attorney General concedes that the superior court erred in denying the motion, and agrees that defendant is entitled to relief. We agree with the parties and reverse, remanding the matter to the lower court with instructions to grant defendant the relief he seeks.
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