P. v. Angelo
Defendant Jacqueline Gabriella Angelo appeals from the trial court’s denial of her motion under Penal Code section 1203.4[1] to set aside her 1998 guilty plea and dismiss the complaint, after she pled guilty to illegally taking or driving a vehicle in exchange for three years of probation, which was revoked twice. The People conceded based on the plain wording of the statute. However, after briefing was completed on this case, this Court filed a published opinion on the very same issue, People v. Johnson (2012) 211 Cal.App.4th 252 (Johnson). In that case we concluded that, based on the legislative intent behind section 1203.4, a defendant who seeks to set aside a guilty plea based on his or her early “discharge†from probation must establish not the mere early termination of probation, but that the probation was terminated because of defendant’s good conduct. Because defendant has not established that her probation was terminated because of her good conduct, we affirm the trial court’s ruling denying her section 1203.4 motion.
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