Chatman

Chatman appeals from the trial court’s denial of his petition for a certificate of rehabilitation under Penal Code section 4852.01. The trial court denied the petition because the statute denies certificate eligibility to felons, such as Chatman, who have completed a sentence of probation (former felony probationers) and are subsequently incarcerated. Chatman contends that the statute denies his rights to equal protection because it grants certificate eligibility to felons who have completed a prison sentence (former felony prisoners) and are subsequently incarcerated. We agree. While it might make sense to deny certificate eligibility to all subsequently incarcerated former felons, we have been offered, and we can discern, no rationale to deny certificate eligibility only to those who have served sentences of probation. We therefore reverse the trial court’s order and remand for a consideration of the merits of Chatman’s pehtion.

I.

Factual and Procedural Background

In 2001, Chatman pleaded no contest to a felony count of robbery (§ 211), and he was placed on five years’ probation. About two years later, he was convicted of misdemeanor reckless driving with alcohol…