People v. Banks

In People v. Banks (1959) 53 Cal.2d 370, the defendant pleaded guilty to a wobbler and imposition of sentence was suspended. (People v. Banks, supra, 53 Cal.2d at p. 375.) After completing the probationary term, the defendant was entitled to have the prior charged offense dismissed, but failed to make the necessary request. (Ibid.) When the defendant was thereafter arrested for being a felon in possession of a firearm, Banks concluded the defendant was a "felon" even though he was entitled to have the former charge reduced to a misdemeanor or dismissed. (Id. at pp. 375-376.)