Gebremicael

Gebremicael v. California Commision on Teacher Credentialing

Good Law
118 Cal. App. 4th 1477·13 Cal. Rptr. 3d 777·2004 Cal. App. LEXIS 825·2004 Daily Journal DAR 6386·2004 Cal. Daily Op. Serv. 4647
Court of Appeal of CaliforniaMay 27, 2004C044181California3,317 words

Opinion

Opinion

Nicholson, J.

Plaintiff Binyam Gebremicael appeals from the trial court’s determination the reduction of his prior felony conviction to a misdemeanor pursuant to Penal Code section 17 had no effect on his eligibility to apply for a teaching credential. We reverse.

FACTS AND PROCEDURAL HISTORY

In 1994, plaintiff pled no contest to one count of violating Penal Code section 246.3, discharge of a firearm in a grossly negligent manner, a felony. The trial court found defendant guilty as charged, but it suspended the imposition of sentence and admitted plaintiff to probation for three years, subject to plaintiff serving 90 days in the county jail.

In 1998, the trial court granted plaintiff’s petition to reduce the felony conviction to a misdemeanor pursuant to Penal Code section 17. In December 2002 and pursuant to Penal Code section 1203.4, the trial court granted plaintiff’s petition to withdraw his plea and have the matter dismissed.

Meanwhile, in December 2001, plaintiff applied to defendant California Commission on Teacher Credentialing (Commission) for a teaching credential. As required by the application, plaintiff admitted he had been convicted in 1994 of violating Penal Code…

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