People v. Maya

The Court of Appeal affirmed an order denying defendant's motion to expunge his misdemeanor conviction for possession of methamphetamine following his successful motion to reduce the felony conviction to a misdemeanor. In ruling against defendant, the trial judge stated that defendant could not establish that he had lived an honest and upright life as required by Penal Code, 1203.4a, subdivision (a) because he has been in continuous state or federal custody following his conviction.The court held that the trial court did not abuse its discretion by concluding that defendant has not established that he has led an honest and upright life during his state and federal custody. The court held that compliance with prison regulations in an institutional setting does not satisfy the requirement of an honest and upright life. The court explained that a custodial setting necessarily restricts an inmate's exercise of free will, whereas an honest and upright life demands more than mere compliance with prison regulations or participation in prison classes and activities. View "People v. Maya" on Justia Law