P. v. McNeil
On March 24, 2008, a complaint filed in Lassen County Superior Court charged defendant Michael Karl McNeil with assault with a deadly weapon on or about December 15, 2007, and violation of a restraining order on or about December 26, 2007. As to the assault charge, the complaint alleged that defendant had incurred a prior strike.
On July 31, 2008, a complaint filed in Lassen County Superior Court charged defendant of unlawful taking and driving of a vehicle, grand theft, and violation of a court order, all taking place on or about June 2, 2008. The complaint alleged that defendant committed the offenses while on release from custody.
On August 8, 2011, the trial court granted the People’s motions to dismiss both cases in the interest of justice because defendant had been sentenced to a state prison term of 19 years in Los Angeles County.
On August 29, 2011, defendant in propria persona filed a “Motion to Seal and Destroy all Arrest Records†as to both cases, citing Penal Code section 851.8, subdivision (d).[1] The record does not show that the prosecuting attorney concurred in defendant’s motion, as required by Penal Code section 851.8, subdivision (d).
On March 20, 2012, the trial court denied the motion. The court’s order did not state reasons, but the court triply underscored “subdivision (d)†on the form.
Defendant filed a notice of appeal from the order denying the motion.
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