Arata
People v. Arata
Opinion
Opinion
Morrison, J.
Defendant appeals from denial of his motion to expunge (Pen. Code, § 1203.4) his conviction for committing a lewd or lascivious act upon a child (Pen. Code, § 288, subd. (a); all further unspecified statutory references are to the Penal Code). He contends it violates due process to apply the provision, enacted after his conviction, that makes relief under section 1203.4 unavailable to one convicted of a violation of section 288 because he entered into the plea agreement in reliance on the relief available under section 1203.4. We agree and reverse.
FACTUAL AND PROCEDURAL BACKGROUND
In 1996, an amended information charged defendant with two counts of lewd or lascivious acts upon a 13-year-old child.
Pursuant to plea negotiations, defendant agreed to plead guilty to count 2, touching the child’s buttocks. His counsel stated defendant would enter a plea of guilty “with the understanding that the Court would order a Penal Code section 288.1 report. There would be no State Prison at the outset as a promise. And other than that agreement, it would be up to the Court in a sentencing hearing to decide what happens to my client.”