LUGAS

Donald Joseph Lugas appeals from the denial of his petition for a certificate of rehabilitation (Pen.Code § 4852.01 et seq.). [1] (§ 1237, subd. (b).) On appeal, Lugas argues that application of section 4852.13, as amended in 1996, to his petition violated the ex post facto clauses of the federal and California Constitutions (U.S. Const., art. I, § 10; Cal. Const., art I, § 9) and constitutional due process guarantees. [2] He also contends that application of section 4852.13, as amended in 1996, to his petition violated the statutory ban on retroactive application of the Penal Code (§ 3). He premises his arguments on the ground that the 1996 amendments came "eighteen years after [he] committed his last offense" and "six years after [he] had already perfected his right to petition for a certificate of rehabilitation and pardon."

We affirm.

Article V, section 8 of the California Constitution provides in pertinent part: "Subject to application procedures provided by statute, the Governor, on conditions the Governor deems proper, may grant a reprieve, pardon, and commutation, after sentence, except in case of impeachment.... The Governor may not grant a pardon or…