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Year 2009 - PC 17(b) & 1203.4a
I was convicted of a Felony in 1998. Sentencing was 60 days County Jail and 3 years probation. All completed without an issue.
Fast forward to 2009. I had an attorney file my paperwork for both pc17 & 1203.4a. And he appeared on my behalf (I was not present). He stated a 17b restores your firearms unless your crime prohibits it (mine did not). If I was prohibited the judge with notate it on the CR-181 Order for Dismissal form (rev 1/2009 form). The DA can only state his opinion. The judge has the final say.
The attorney stated the DA gave his opinion on the matter at the hearing. And so did he. And the judge continued.
The Judge ruled in favor of the reduction and dismissal and granted the relief. Order grants my relief, reduces felony to misdemeanor, and the conviction be set-aside and vacated, and a plea of not guilty be entered and the complaint be and is hereby, dismissed.
Nothing was noted by the judge stating firearms prohibitions on the order for this matter. No added wording, no restrictions, no nothing. And I have no other convictions from any state or any to prohibit me.
Tonight (the present), I was going through old paperwork and found all of these court documents (thought I had made digital copies and destroyed the papers). I began to read all the documents and found this; > the court forms the DA filed. - Response to defendants motion per pc17b and pc1203.4a stated- Reduction does not allow the defendant to possess firearms - end. Again this is just his response to my notification and motions.
Looks like the DA did try to get the prohibition added back then. But the Judge decided otherwise. Not sure how I overlooked that part on my initial reading in 2009. And for the record, I have not any issues besides delays for firearm purchases since the relief was granted. I also have a UPIN for NICS just for this.
Thoughts? Anyone else had similar situations by the DA and Judge?
Thanks for reading.
Fast forward to 2009. I had an attorney file my paperwork for both pc17 & 1203.4a. And he appeared on my behalf (I was not present). He stated a 17b restores your firearms unless your crime prohibits it (mine did not). If I was prohibited the judge with notate it on the CR-181 Order for Dismissal form (rev 1/2009 form). The DA can only state his opinion. The judge has the final say.
The attorney stated the DA gave his opinion on the matter at the hearing. And so did he. And the judge continued.
The Judge ruled in favor of the reduction and dismissal and granted the relief. Order grants my relief, reduces felony to misdemeanor, and the conviction be set-aside and vacated, and a plea of not guilty be entered and the complaint be and is hereby, dismissed.
Nothing was noted by the judge stating firearms prohibitions on the order for this matter. No added wording, no restrictions, no nothing. And I have no other convictions from any state or any to prohibit me.
Tonight (the present), I was going through old paperwork and found all of these court documents (thought I had made digital copies and destroyed the papers). I began to read all the documents and found this; > the court forms the DA filed. - Response to defendants motion per pc17b and pc1203.4a stated- Reduction does not allow the defendant to possess firearms - end. Again this is just his response to my notification and motions.
Looks like the DA did try to get the prohibition added back then. But the Judge decided otherwise. Not sure how I overlooked that part on my initial reading in 2009. And for the record, I have not any issues besides delays for firearm purchases since the relief was granted. I also have a UPIN for NICS just for this.
Thoughts? Anyone else had similar situations by the DA and Judge?
Thanks for reading.
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