People v. Miller

*977 Defendant Timothy J. Miller appeals from an order denying his petition for a certificate of rehabilitation and pardon under Penal Code section 4852.01 et seq. As we will explain, the trial court properly denied the petition because Miller did not reside in California when he filed it. Penal Code section 4852.06 prohibits such a petition unless the petitioner has resided in California for the five-year period immediately preceding the date of filing.

*640 I. BACKGROUND

A. CERTIFICATES OF REHABILITATION

A person convicted of a felony permanently loses certain rights and privileges under California law. Among other restrictions, convicted felons are not allowed to possess a firearm ( Pen. Code, § 29800, subd. (a)(1) ), are disqualified from serving on a jury ( Code Civ. Proc., § 203, subd. (a)(5) ), and are prohibited from holding certain jobs (see, e.g., Gov. Code § 1029 [ineligibility for employment as a peace officer] ). But a felon can have full rights and privileges restored by obtaining a pardon from the Governor. ( Cal. Const., art. V, § 8 ; Pen. Code, § 4800 et seq. ; Way v. Superior Court (1977) 74 Cal.App.3d 165 , 176, fn. 12, 141 Cal.Rptr. 383 [a pardon granted…