People v. Chavez

Opinion

MAURO, J.

Defendant Lorenzo Chavez pleaded no contest to charges that he offered to sell a controlled substance and failed to appear. The trial court suspended imposition of sentence and placed defendant on probation for four years.

After defendant successfully completed his probation in 2009, he filed a motion pursuant to Penal Code section 1385, 1 asking the trial court to dismiss the action in the interests of justice based on ineffective assistance of counsel and asserted legal errors. The trial court concluded that because the motion was brought pursuant to section 1385 rather than…