8 Cal. App. 5th 1239
Cal. Ct. App.2017Background
- In 2002 Erica Khamvongsa pleaded no contest to felony possession (Health & Safety §11377(a)) and a misdemeanor for being under the influence, admitted a 1998 strike, and was sentenced to 32 months in state prison (plus a concurrent nine‑month jail term for the misdemeanor).
- Under Proposition 47 (Pen. Code §1170.18), in 2015 the trial court redesignated her 2002 felony possession conviction as a misdemeanor.
- After redesignation, Khamvongsa petitioned under Penal Code §1203.4a to withdraw her plea and have the misdemeanor dismissed.
- The trial court denied the §1203.4a petition solely because she had served a state prison term for the offense when it was a felony.
- The Court of Appeal considered whether a conviction redesignated as a misdemeanor under §1170.18(k) may be treated as a misdemeanor “for all purposes,” including eligibility for dismissal under §1203.4a, even though the defendant had already served a prison sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a conviction redesignated as a misdemeanor under §1170.18(k) is eligible for dismissal under §1203.4a despite the defendant having served a prior prison term | The People argued that because the court cannot vacate or undo a completed prison sentence, §1203.4a does not apply to someone who served prison time for the offense | Khamvongsa argued that §1170.18(k) makes the conviction a misdemeanor “for all purposes,” so she qualifies for §1203.4a relief regardless of the sentence she previously served | The Court held §1170.18(k) reclassifies the conviction as a misdemeanor for all purposes (with a narrow statutory firearm exception), and having served a prison term does not bar §1203.4a relief; reversal and remand for further proceedings |
Key Cases Cited
- People v. Sanders, 55 Cal.4th 731 (explaining §1203.4a is aimed at misdemeanors)
- People v. Park, 56 Cal.4th 782 (once reduced to a misdemeanor, the offense is a misdemeanor for all purposes)
- People v. Cornett, 53 Cal.4th 1261 (identical statutory language should receive the same interpretation)
- People v. Abdallah, 246 Cal.App.4th 736 (§1170.18(k) reclassified a conviction as a misdemeanor for all purposes)
- People v. Vasquez, 247 Cal.App.4th 513 (trial court cannot vacate or alter a completed sentence under §1170.18)
- People v. Mendez, 234 Cal.App.3d 1773 (postconviction relief for certain youth commitments governed by other statutes; not controlling here)
- Hisel v. County of Los Angeles, 193 Cal.App.3d 969 (specific statutory exceptions imply exclusion of others)