People v. Delouth CA5

INTRODUCTION

Defendant Roniele Carl Delouth contends on appeal that the trial court abused its discretion when it summarily denied his petition for a certificate of rehabilitation. Defendant argues that this court cannot properly evaluate whether the trial court abused its discretion since it did not articulate its reasons for the denial and the court might have erroneously denied the petition based on circumstances of the underlying offense. The People disagree contending the court was not required to provide a statement of reasons and its denial is supported by evidence in the record. We agree with the People and affirm the order denying the certificate of rehabilitation.

PROCEDURAL BACKGROUND

On May 6, 2024, defendant filed a petition for certificate of rehabilitation. Defendant specifically sought relief for (1) a June 22, 2015 conviction for reckless evading (Veh. Code, § 2800.2), which was later reduced to a misdemeanor in 2023, (2) a December 6, 2012 felony conviction for being a felon in possession of a firearm (Pen. 1 Code, § 12021, subd. (a)(1)), and (3) a March 26, 2014 violation of postrelease 2 supervision (§ 3455, subd. (a)). The court held a hearing on August 16,…