California Court of Appeal

Trial court's grant of defendant's petition for a certificate of rehabilitation regarding two prior drug convictions, despite the government's opposition on the basis that it was barred by defendant's new, non-violent drug offense in 2007 for which he was granted probation under Proposition 36, is reversed and remanded where when ruling on defendant's petition for a certificate of rehabilitation, the trial court had the discretion to receive evidence regarding the conduct that resulted in defendant's arrest and conviction for a nonviolent drug possession offense.

Appellate Information

• Decided 11/30/2012
• Published 11/30/2012

Judges

• Walsh

Court

• California Court of Appeal

Counsel