People v. Phelps CA4/2
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