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PEOPLE v. McLERNON

No. B209952.

174 Cal.App.4th 569 (2009)

___ Cal.Rptr.3d ___

THE PEOPLE, Plaintiff and Respondent, v. MYRLE DENNIS McLERNON, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

May 29, 2009.

Attorney(s) appearing for the Case

Law Offices of Mathew K. Higbee, Melissa A. Clark and Mathew K. Higbee for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Paul M. Roadarmel, Jr., and David A. Voet, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WILLHITE, J.—

Under Penal Code section 1203.4 (section 1203.4), a defendant who has been convicted of a crime and granted probation is entitled to have his record expunged after the period of probation has terminated "if he comes within any one of three fact situations: (a) he has fulfilled the conditions of his probation for the entire period; (b) he has been discharged before the termination of the period of probation; or (c...

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