People v. Gonzalez CA5

INTRODUCTION

On September 30, 2003, defendant Joe Gonzalez, Jr. (also known as Joey Gonzalez), pled no contest in Fresno County to one count of committing lewd and lascivious acts with a child under 14 in violation of Penal Code section 288, subdivision (a).1 In exchange for defendant’s plea, 11 other counts were dismissed. Defendant was placed on five years’ probation upon various terms and conditions. On July 23, 2014, defendant filed a petition pursuant to former section 4852.01 et seq.2 in Madera Superior Court seeking a certificate of rehabilitation and pardon. On January 12, 2015, the trial court denied defendant’s petition for a certificate of rehabilitation. Defendant argues a review of the record demonstrates he has met the criteria for a certificate of rehabilitation because he has lived an honest and upright life with good moral character during a period of five years after his release from custody. Defendant

1All statutory references are to the Penal Code. 2In 2014, former section 4852.01 provided: “(a) Any person convicted of a felony who has been released from a state prison or other state penal institution or agency in California, whether discharged on…