Tooby's California Post-Conviction Relief for Immigrants

 
 

Chapter 10. State Rehabilitative Relief

 



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Ninth Circuit

CAL POST CON " STATE REHABILITATIVE RELIEF " MANDATORY EXPUNGEMENT DESPITE FAILURE TO PAY RESTITUTION
People v. Seymour, ___ Cal. App. 4th ___, ___Cal.Rptr.3d ___, 2015 WL 5097243 (6th Dist. Aug. 31, 2015) (failure to pay restitution in full did not authorize the trial court to deny the relief otherwise mandated by Penal Code 1203.4(a), which provides for mandatory dismissal when a defendant has been "discharged [from probation] prior to the termination of the period of probation.").
CAL POST CON " REHABILITATIVE RELIEF " CERTIFICATE OF REHABILITATION " ABANDONMENT
People v. Shepard, ___ Cal. App. 4th ___, 191 Cal.Rptr.3d 429 (3d Dist. Aug. 19, 2015) (affirming denial of petition for a certificate rehabilitation, under to Penal Code 4852.01, since defendant waived his right to the hearing and the right to counsel when he left the courthouse without participating in his hearing). [Cert of rehab]

 

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