P. v. Lopez CA4/2
In 2013, defendant and appellant Maria Lopez pled no contest to attempted second degree murder (Pen. Code, §§ 664/187, subd. (a)), and admitted the personal use of a firearm (§ 12022.5, subd. (a)) allegation. In exchange for her plea, the remaining allegations were dismissed, and defendant was sentenced to a stipulated term of 13 years in state prison.
In April 2021, after she was released from custody, defendant filed a petition to expunge her case under Assembly Bill No. 2147 and section 1203.4b, which gives trial courts the discretion to grant such relief to certain defendants, such as those who have successfully participated in the California Conservation Camp Program (fire camp). The trial court thereafter appointed counsel and held a hearing on the petition. Following an in-chambers conference, the court denied the petition, believing it did not have discretion to grant defendant relief due to her attempted murder conviction.
On appeal, defendant contends the trial court er
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