People v. Chavez
5 Cal. App. 5th 110
| Cal. Ct. App. | 2016Background
- Chavez pleaded no contest in 2005 to offering to sell methamphetamine and failing to appear; court suspended sentence and placed him on four years probation.
- He successfully completed probation in 2009.
- In 2013 Chavez moved under Penal Code § 1385 to dismiss the action in the interests of justice, arguing ineffective assistance of counsel and other legal errors (including unadvised immigration consequences).
- The People opposed, arguing Chavez used the wrong statutory vehicle because relief after probation must proceed under § 1203.4.
- The trial court denied the § 1385 motion, concluding it lacked authority to grant dismissal after probation had ended; Chavez appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a trial court may dismiss a conviction after successful completion of probation using Penal Code § 1385, or whether § 1203.4 is the exclusive post‑probation remedy | The People argued the denial is not appealable on the ground Chavez did not challenge his negotiated plea and that, substantively, courts lack § 1385 authority to dismiss after probation; relief must be sought under § 1203.4 | Chavez argued § 1203.4 does not preclude courts from using the broader § 1385 power to dismiss in the interests of justice after probation ends | The court held § 1203.4 is the exclusive statutory method to obtain dismissal after successful completion of probation; the trial court correctly concluded it lacked authority to dismiss under § 1385 and affirmed the judgment |
Key Cases Cited
- People v. Tanner, 24 Cal.3d 514 (Cal. 1979) (later, specific probation statute controls over general § 1385 power)
- People v. Williams, 30 Cal.3d 470 (Cal. 1981) (history and scope of § 1385 dismissal power)
- In re Disbarment of Herron, 217 Cal. 400 (Cal. 1933) (recognizing § 1203.4 as source of post‑probation dismissal authority)
- People v. Flores, 214 Cal.App.3d 127 (Ct. App. 1989) (discussing restorative effect of § 1385 dismissal)
- People v. Mgebrov, 166 Cal.App.4th 579 (Ct. App. 2008) (statutory interpretation principles; § 1203.4 framework)