Padilla

This is an appeal from a judgment granting a petition for writ of administrative mandamus commanding the State Personnel Board (Board) to set aside its decision upholding the termination of employment of Robert Padilla with the California Highway Patrol. Padilla entered a plea of nolo contendere to a misdemeanor violation of Penal Code section 242, imposition of sentence was suspended and he was placed on probation. The question is whether Padilla suffered “conviction of a misdemeanor involving moral turpitude,” a ground of employee discipline under Government Code section 19572, subdivision (k). The Board contends the trial court erred in measuring moral turpitude by the minimal elements of the misdemeanor offense. The Board contends that there is a “conviction” within the meaning of the disciplinary statute where a plea of nolo contendere is accepted and probation is granted with suspension of imposition of sentence. Padilla disputes both points. We will reverse the judgment.

Facts and Procedural Background

Padilla has been a state employee since October 1, 1984. He was notified that he would be dismissed on July 23, 1990. At the time he was working as a motor carrier…