P. v. Hitchner
Daniel Robert Hitchner appeals an order denying his petition for relief pursuant to Penal Code section 1203.4 from his earlier guilty plea to importing and possessing child pornography. He contends in part that the superior court relied on inadmissible evidence in denying his petition and failed to exercise its discretionary power to grant his petition even if it concluded that he had violated the conditions of his probation in certain respects. court agree that the superior court relied on certain inadmissible evidence and conclude that it failed to apply the correct legal standard in ruling on Hitchner's petition. As a result, Court reverse the order and remand the matter for further proceedings.
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