People v. Stewart CA2/3

BACKGROUND

In 1987, defendant was convicted by a jury of eight counts of forcible oral copulation in violation of Penal Code1 section 288a, subdivision (c), one count of forcible rape in violation of section 261, subdivision (2), and one count of sexual battery in violation of section 243.4.2 The charged weapons sentence enhancements under section 12022.3 were found to be true. Defendant was sentenced to 22 years in state prison. The judgment of conviction was affirmed on appeal in 1989. Defendant asserts he was released from prison in 1998. Defendant filed several habeas corpus petitions in 2007 and 2008 which alleged, among other things, he was labeled a “child molester” although his crimes had nothing to do with children. These petitions were denied by the trial court. However, at defendant’s request, in March 2010 the court ordered that the abstract of judgment be amended to delete the words “under 14” from the judgment. In addition, the court requested that the Department of Justice omit “all references to oral copulation with a child under 14 from the CII rap sheet.” The court made a similar order in July 2013. In January 2013, the court denied defendant’s most recent…