We often see superior court judges who believe that "joint suspension" makes 1203.4 ineligible. (Joint suspension refers to the grant of a probation after suspension of execution of a prison sentence.) One of our clinic clients was erroneously denied a 1203.4 petition on this basis back in 2012. This June, the 2nd Appellate District reversed the trial court's ruling and remanded the case.
CT Turney wrote the bulk of the opening brief but couldn't make it to the oral argument. I did for her (and took the credit for her excellent work). At the hearing, the bench was sympathetic to my argument that the case should be published to give a clear guidance to judges, given that most 1203.4 petitions are filed by self-represented petitioners. So it's published.
CT Turney wrote the bulk of the opening brief but couldn't make it to the oral argument. I did for her (and took the credit for her excellent work). At the hearing, the bench was sympathetic to my argument that the case should be published to give a clear guidance to judges, given that most 1203.4 petitions are filed by self-represented petitioners. So it's published.
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