San Benito — SB-CR-5

Source: https://www.sanbenito.courts.ca.gov/system/files/12034b.pdf

SB-CR-5

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7 SUPERIOR COURT OF CALIFORNIA 8 COUNTY OF SAN BENITO 9

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11 PEOPLE OF THE STATE OF ) Case No.: 12 ) ) CALIFORNIA,13 ) ) ORDER FOR DISMISSAL 14 Plaintiff, ) PENAL CODE 1203.4b ) 15 ) vs. ) 16 ) , ) 17 ) Defendant ) 18 )

19 The court finds from the records on file in this case, and from the

20 foregoing petition, that the petitioner (the defendant in the above

21 entitled criminal action) is eligible for the requested relief:

22 1. □ The court GRANTS the petition for dismissal regarding all 23 convictions under Penal Code 1203.4b and □ GRANTS the early 24 termination of □ probation □ parole □ supervised release. It is

25 ordered that the pleas of guilty of nolo contendere or verdicts or findings of guilt be set aside and vacated and a plea of not guilty 26 be entered and that the complaint and information be, and is 27 hereby, dismissed.

28 Form Adopted for Optional Use ORDER FOR DISMISSAL PER PC 1203.4b Superior Court of California, County of San Benito SB-CR-5 (eff. 1/1/21) Page 1 of 2

SB-CR-5

1 a) The petitioner is required to disclose the above conviction in response to any direct question contained in any questionnaire or 2 application for licensure by the Commission on Teacher 3 Credentialing, a peace officer, public office, or for contracting 4 with the California State Lottery Commission

5 b) The petitioner is released form all penalties and disabilities resulting from the offense except as provided in Penal Code 6 sections 29800 and 29900 and Vehicle Code section 13555. In any 7 subsequent prosecution of the petitioner for any other offense, the 8 prior conviction may be pleaded and proved and shall have the same

9 effect as if probation had not been granted or the accusation or

information dismissed. The dismissal does not permit a person to

10 own, possess, or have in his or her control a firearm if prevented 11 by Penal Code sections 29800 or 29900. Dismissal of a conviction 12 does not permit a person prohibited from holding public office as a

13 result of that conviction to hold public office.

14 2. □ The court DENIES the petition for dismissal regarding all 15 convictions under Penal Code 1203.4b 16

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28 Form Adopted for Optional Use ORDER FOR DISMISSAL PER PC 1203.4b Superior Court of California, County of San Benito SB-CR-5 (eff. 1/1/21) Page 1 of 2