People v. Johnson
211 Cal. App. 4th 252
| Cal. Ct. App. | 2012Background
- Defendant pled guilty to misdemeanor domestic violence in 2002 and was placed on summary probation with 30 days’ jail on weekends and a 52‑week batterer’s program.
- He repeatedly violated probation but was reinstated until August 2003, when he received a 120‑day jail term concurrent with two felony sentences and probation was terminated.
- Probation violations centered on failure to enroll in the batterer’s program and to surrender for weekend jail time, leading to multiple revocations and warrants.
- ASP coordinated probation compliance; several reports showed failure to enroll in the batterer’s program or to attend required sessions.
- In 2011 defendant moved to set aside his guilty plea under Penal Code section 1203.4; the trial court denied, appellate division affirmed, and the case was transferred for this court’s review.
- This court affirms, holding that early probation termination is not alone entitled to relief under §1203.4 unless conditions were fully fulfilled or discharged prior to termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether early probation termination entitles relief under §1203.4. | Johnson contends early termination triggers relief. | Defendant argues relief requires fulfillment or discharge prior to termination. | No; relief requires full fulfillment or discharge prior to termination. |
| What constitutes “discharged prior to the termination of the period of probation.” | Johnson relies on Hawley’s broad notion equating early termination with discharge. | Chandler requires discharge only when conditions were fulfilled or excused prior to termination. | Discharge means release from probation after full performance or prior excusal; early termination alone is insufficient. |
Key Cases Cited
- People v. Covington, 82 Cal.App.4th 1263 (2000) (relief under 1203.4 requires fulfillment of probation terms)
- People v. Chandler, 203 Cal.App.3d 782 (1988) (discharge from probation requires fulfillment or excusal prior to termination)
- People v. Hawley, 228 Cal.App.3d 247 (1991) (early discharge is not automatic relief; depends on fulfillment)
- People v. Lewis, 146 Cal.App.4th 294 (2006) (distinguishes termination vs. discharge from probation)
- People v. Mgebrov, 166 Cal.App.4th 579 (2008) (probation terms must be fulfilled for §1203.4 relief)
- People v. Chandler, 203 Cal.App.3d 788 (1988) (reward of relief tied to fulfillment/discharge prior to termination)