P. v. Hamilton CA1/5
Per a negotiated disposition, David Allen Hamilton, Jr., pleaded no contest in the Fresno Superior Court to felony assault with a deadly weapon on a peace officer (Pen. Code, § 245, subd. (c); count 1) and felony evasion of a peace officer by reckless driving (Veh. Code, § 2800.2, subd. (a); count 2). The court suspended execution of its sentence and placed Hamilton on probation. Following a probation transfer to San Mateo County, after his probation period ended Hamilton petitioned the San Mateo Superior Court to reduce count 2 to a misdemeanor and to dismiss both counts. (Pen. Code, § 1203.4.) The court denied his petition without a hearing because: “Defendant’s convictions are recent and serious in nature.” Hamilton appeals as to count 1, arguing dismissal is mandatory; the People agree subject to proof, and so do we. However, we reverse as to both counts.
Comments on P. v. Hamilton CA1/5