People v. Arata

In People v. Arata (2007) 151 Cal.App.4th 778, the defendant pleaded guilty in 1996 to violating section 288, and the court placed him on probation. (Arata, at p. 781.) "In 1997, the Legislature amended section 1203.4 to make section 1203.4 relief unavailable to those convicted of certain sex offenses, including a violation of section 288." (Id. at p. 783.) The defendant contended that he was advised of the promise of 1203.4 relief before he pleaded guilty and that he relied on that promise; he moved for section 1203.4 relief, claiming he sought to enforce his plea bargain. (Arata, at p. 781.) To support this argument, the defendant submitted two declarations. The defendant's declaration stated that he discussed his plea agreement with his trial counsel and that counsel told him that if he completed probation, he would be able to withdraw his plea and have his case dismissed pursuant to section 1203.4. (Arata, at pp. 781-782.) Trial counsel's declaration averred that it was his habit and custom to discuss section 1203.4 relief with his clients and that "the advisement of section 1203.4 relief appeared on the probation papers and these would have been discussed with defendant." (Arata, at p. 782.) The trial court denied the motion, and defendant appealed. (Ibid.) On appeal, the defendant contended that retroactive application of the amended version of section 1203.4 to his case violated his plea bargain and his right to due process because "he entered his plea of guilty with the understanding that after successful completion of probation, he would be permitted to withdraw his plea and the court would dismiss the information." (Arata, supra, 151 Cal.App.4th at p. 786.) The Arata court agreed. It determined that section 1203.4 relief was an implied term of the defendant's plea bargain (Arata, at p. 787) and that denial of relief pursuant to that statute was "significant in the context of the entire plea bargain." (Id. at p. 788.) According to the court, "defendant's plea rested in a significant degree on the promise of eventual section 1203.4 relief" and, as a result, "such promise must be fulfilled." (Ibid.)