People v. Phelps CA4/2

Good Law
Court of Appeal of CaliforniaJune 5, 2015E061437California1,836 words

Opinion

Opinion

FACTS AND PROCEEDINGS BELOW

Defendant was convicted in 1993 of committing a lewd and lascivious act on a

minor (§ 288, subd. (a)) in 1990. He was granted probation and, in 1998, he completed

his probation and his sentence was discharged. In June 2013, his conviction was set

aside. (§ 1203.4) He filed a Petition for a Certificate of Rehabilitation. In their report,

the People asserted that because defendant had been convicted of violating section 288,

subdivision (a), he was statutorily ineligible for a Certificate of Rehabilitation. The

People asked the trial court to delay its decision to grant defendant’s petition until

Division One of this court issued its opinion in a case dealing with the eligibility of

section 288, subdivision (a) violators for Certificates of Rehabilitation. The trial court

granted the People’s request, and at the hearing on the petition, the People pointed out to

the trial court that that decision, for which review has since been granted by the

California Supreme Court (People v. Tirey (2014) 225 Cal.App.4th 1150, review granted

August 20, 2014, S219050 (Tirey)), had held that section 4852.01’s prohibition on

All further statutory…

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