P. v. Johnston CA3
Defendant Tyler Richard Johnston appeals from the postjudgment denial of his application to designate as a misdemeanor his 37-year-old felony conviction for taking a vehicle without the consent of the owner. The People argue that defendant failed to submit evidence with his initial filing proving that his conviction is eligible for designation as a misdemeanor. Finding defendant sufficiently alleged eligibility for relief, we will reverse the trial court’s order and remand for further proceedings.
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