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4: CASE LAW
[FILING]
Lewis v. Clarke, 108 Cal. App. 4th 563 (2nd App., 2003)
The superior court clerk is directed to accept for filing, without requiring payment of
a filing fee, any petition for relief under Penal Code section 1203.4. The superior
court is directed to order a petitioner to pay all or any portion of the rate
determined by the county board of supervisors only after the court determines,
using the standards of Penal Code section 987.8, subdivision (g)(2), that the
petitioner has the ability to pay that amount without undue hardship.
[INELIGIBILITY]
People v. Borja, 110 Cal. App. 3d 378 (1st App., 1980)
Executed prison sentence makes 1203.4 unavailable.
[MANDATORY V. DISCRETIONARY]
People v. Hawley, 228 Cal.App.3d 247 (1st App., 1991)
Early termination of probation entitles the defendant to the relief under 1203.4.
[RESTITUTION]
People v. Butler (1980) 105 Cal. App. 3d 585
The court considered 1203.4 mandatory for a petitioner who failed to pay the full
amount of his restitution before the end of his probation but was discharged early
from probation.
[RES JUDICATA]
People v. McLernon, 174 Cal. App. 4th 569
The court held that a trial court, in determining whether to grant relief under the
discretionary provision of § 1203.4, subd. (a), could consider any relevant
information, including post-probation conduct. The doctrine of res judicata did not
bar the motion because a request for relief under the interests of justice provision of
§ 1203.4 necessarily was based upon the facts as they existed at the time of the
request.
[APPLICABLE TO SPECIFIC OFFENSE]
People v. Mgebrov, 166 Cal. App. 4th 579 (1st App., 2008)
PC 1203.4 is offense-spefic and may be applied to dismiss all charges for which the
defendant has been convicted and which the defendant is eligible to dismiss under
1203.4.