People v. Gilman CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND

In 2001 defendant pled guilty to a misdemeanor count of child molestation in

violation of section 647.6, subdivision (a) (annoying or molesting a child under the age of

18).2 He was sentenced to three years of probation on the condition that he serve 210

days in the San Bernardino County jail, pay various fines and fees, and register as a sex

offender under section 290.3 In June 2009, defendant moved to withdraw his guilty plea

and dismiss the case under section 1203.4. The motion was granted and the case was

dismissed.

In July 2011, defendant filed a section 4852.01 petition for certificate of

rehabilitation and sought relief from the duty to register pursuant to section 290. The

prosecution acknowledged that defendant was allowed to apply for a certificate of

rehabilitation under section 4852.01, subdivision (c) but argued it should be denied due to

the nature of the underlying offenses. Alternatively, if the court decided to issue a

All further statutory references are to the Penal Code unless otherwise indicated.

According to the probation report, defendant was accused of touching the private area, including putting his…