People v. Ram CA1/2

DISCUSSION

We review a decision whether to grant or deny a certificate of rehabilitation for an abuse of discretion. (People v. Lockwood (1998) 66 Cal.App.4th 222, 226.) “A trial court abuses its discretion when the factual findings critical to its decision find no support in the evidence.” (People v. Cluff (2001) 87 Cal.App.4th 991, 998.) Under section 4852.01, “[a]ny person convicted of a felony . . . , the accusatory pleading of which has been dismissed pursuant to Section 1203.4, may file a petition for certificate of rehabilitation and pardon pursuant to the provisions of this chapter if the petitioner has not been incarcerated in any prison, jail, detention facility, or other penal institution or agency since the dismissal of the accusatory pleading and is not on probation for the commission of any other felony, and the petitioner presents satisfactory evidence of five years residence in this state prior to the filing of the petition.” (Former § 4852.01, subd. (c), as amended by Stats.1997, ch. 61, § 2.) However, relief under section 4852.01 “shall not apply to persons serving a mandatory life parole, persons committed under death sentences, persons convicted of a violation…