California Court of Appeal

Denial of a motion to expunge a conviction for committing a lewd or lascivious act upon a child is reversed as it violates due process to apply a provision, enacted after defendant's conviction, that makes relief under Penal Code section 1203.4 unavailable to one convicted of a violation of Penal Code section 288 because he entered into a plea agreement in reliance on the relief available under section 1203.4.

Appellate Information

• Decided 05/30/2007
• Published 05/30/2007

Judges

• MORRISON, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Balin & Kotler, Eileen S. Kotler, Pacifica, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Stephen G. Herndon and Craig S. Meyers, Deputy Attorneys General, for Plaintiff and Respondent.