Lockwood
People v. Lockwood
Opinion
Opinion
Haerle, J.
I. Introduction
Ashley Chad Lockwood (appellant) appeals from an order denying his application for a certificate of rehabilitation pursuant to Penal Code section 4852.01. We find that the court did not abuse its discretion in denying appellant’s application, but the application was improperly denied with prejudice. Accordingly, we affirm, but remand with instructions to correct the order to deny the application without prejudice.
II. Factual and Procedural Background
Appellant was convicted of his first felony, vehicle theft (Veh. Code, § 10851), in February 1978. In March 1982, after appellant successfully completed probation, the conviction was dismissed. (§ 1203.4.) On March 30, 1984, the court granted appellant’s petition for a certificate of rehabilitation and pardon. (§ 4852.01 et seq.)
In June and July 1990, appellant was convicted of grand theft (§ 487, former subd. 1) and carrying a loaded firearm (§ 12025, subd. (a)). After appellant again successfully completed probation, these convictions were dismissed in July 1993. (§ 1203.4.)
On November 5, 1996, appellant filed a petition for a second certificate of rehabilitation with the.Sonoma County Superior…