Failla

People v. Failla

Good Law
140 Cal. App. 4th 1514·2006 Cal. App. LEXIS 1019·2006 Daily Journal DAR 8689·45 Cal. Rptr. 3d 585·2006 Cal. Daily Op. Serv. 6150
Court of Appeal of CaliforniaJune 30, 2006E038122California3,213 words

Opinion

Opinion

Richli, J.

In 1989, defendant entered into a plea agreement in which he pleaded guilty to burglary (Pen. Code, § 459) and sexual penetration by foreign object (§ 289) in Los Angeles County. In 1994, he was paroled and moved to San Bernardino County. As part of his plea agreement, defendant was required to register as a sex offender. (§ 290.) Subsequently, defendant filed a certificate of rehabilitation (§§ 4852.01, 4852.06), which would allow him to seek a gubernatorial pardon of his offenses and, hence, relieve him of his obligation to register as a sex offender. Following a hearing, the trial court denied that request and ruled that defendant had to wait five years from the date of the denial before he could file another petition. Defendant’s sole contention on appeal is that the trial court erred in calculating the waiting period to apply for another certificate of rehabilitation. We find no error and will affirm the judgment.

I

FACTUAL AND PROCEDURAL BACKGROUND

In 1989, there were a series of burglaries and sexual assaults upon women in the Los Angeles County area. Specifically, on July 14, 1989, defendant, who was then 62 years old, entered into victim Lori F.’s apartment…

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