Kirby Bay requests his 2016 case be dismissed and record expunged

 

(2016 photo)

I covered Kirby Bay in 2016 and 2017. Bay resolved his case in 2018 with a conviction and guilty plea.

When I saw his name on the calendar recently, I was pretty sure it would be to modify something or dismiss. I was correct.

Bay's 2016 case was on calendar  8/16 and continued by the court to 8/18. It was a hearing for motion to terminate probation and dismiss per PC 1203.4 with a special set in front of Retired Judge John Feeney. The hearing was continued to 9/15 for final ruling. 

California Penal Code 1203.4 PC allows a defendant to withdraw a plea of guilty or no contest, to reenter a plea of not guilty, and to have the case dismissed and record expunged.

Judge Kaleb Cockrum recused himself from the case. Judge Gregory Elvine-Kreis recused himself from the case. The victim Megan Smith was present with her attorney Kelly Walsh. 

I communicated with Smith when I previously covered the case and she was fine with her name on the blog which is also on record stated in open court.

9/15: Petition granted.

Previous posts:

https://johnchiv.blogspot.com/2017/02/jury-trial-for-kirby-bay-scheduled-for.html?m=1

https://johnchiv.blogspot.com/2016/11/after-allegedly-violating-court-order.html?m=1

https://johnchiv.blogspot.com/2016/11/this-time-kirby-bay-shows-up-for-court.html?m=1

https://johnchiv.blogspot.com/2016/10/kirby-bay-warrant-surender-off-calendar.html?m=1

https://johnchiv.blogspot.com/2016/10/warrant-issued-for-kirby-bay-for.html?m=1

https://johnchiv.blogspot.com/2016/09/kirby-bay-jury-trial-continued-at.html?m=1

https://johnchiv.blogspot.com/2016/08/kirby-bay-bails-out-of-custody-after.html?m=1

https://johnchiv.blogspot.com/2016/11/after-allegedly-violating-court-order.html?m=1

Previous post (with rest coverage on this case):

http://johnchiv.blogspot.com/2016/09/kirby-bay-jury-trial-continued-at.html?m=1