P. v. Smith CA2/5
****** Kayla Michelle Smith (defendant) appeals from the trial court’s denial of her petition for relief under Penal Code section 1203.4.1 As the People concede, the trial court applied an incorrect legal standard in denying relief, so we must reverse. We remand to enable the trial court to determine whether defendant is still on probation for a driving-under-the-influence (DUI) offense, which would affect her present eligibility for re
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