P v. Tidwell (6th Dist.) Prior PC 1203.4 Relief Is Not a Valid Basis to Deny PC 1170.18 Relief

In 2009, Mr. Tidwell pleaded guilty to two felony counts of H&S 11350, possession of a controlled substance.  He was placed on a grant of felony probation, which he completed.  In 2011, Tidwell petitioned the court for relief under PC 1203.4, which was granted.  In 2015, following the November 2014 passage of Proposition 47, Tidwell petitioned the court to have his felony 11350 convictions reduced to misdemeanors under PC 1170.18.  The trial court denied the 1170.18 petition, reasoning that the convictions were not eligible for relief for having been dismissed under 1203.4.

Tidwell appealed and the Sixth District reverses.  

The panel frames the issues as one of statutory construction and performs an admirable analysis.  Section 1203.4 is really an antinomy.  While semantically an eligible defendant is entitled to "withdraw his previous plea", "enter a not guilty plea", and then have the court "dismiss" the case, the legal effect oppugns this seemingly clear language.  

The "conviction" still exists.  It can be charged as a prior conviction to enhance future sentences.  You must disclose the conviction when applying for a professional license or to run for office.  And it is the continued existence of this "conviction" that provides the key to this case.  Section 1170.18 provides relief for a,

person who has completed his or her sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under this act had this act been in effect at the time of the offense 

Acknowledging that 1203.4 relief does not legally nullify a conviction, it cannot then logically be said that Tidwell does not qualify for 1170.18 relief.