S.H.

FACTS

In October 2022, the People charged defendant (born 1982) with one count of

possessing child pornography (§ 311.11, subd. (a)) and an enhancement for possessing

more than 600 images, of which 10 or more involved minors less than 12 years old

(§ 311.11, subd. (c)(1)). In February 2023, defendant accepted a plea agreement and

pleaded guilty as charged. In exchange, he was sentenced to two years formal probation

and 90 days in jail to be completed on a work release program; he also had to register as a

sex offender.

1 Undesignated statutory citations are to the Penal Code. 2 Section 236.15, subdivision (q), requires that the “record of a proceeding related to a petition pursuant to this section that is accessible by the public shall not disclose the petitioner’s full name.” We interpret that provision to include appeals of trial court rulings on section 236.15 petitions.

2 In September 2023, defendant petitioned for his conviction to be vacated under

section 236.15. Defendant’s declaration described his parents as active members in a

“cult”; his father was a minister and “extremely preoccupied with the church.”

Defendant recounted physical and emotional abuse at the…