California Court of Appeal

The trial court's order denying defendant's petition for a certificate of rehabilitation is reversed and remanded for the trial court to consider the merits of the petition, where: 1) Penal Code section 4852.01(d)'s disparate treatment of those convicted of violations of sections 288(a) and 288.7 violates equal protection principles; and 2) the crime of which defendant was convicted, violating section 288(a), committing any lewd or lascivious act upon a child who is under the age of 14 years, must be removed from the list of crimes for which an absolute prohibition on petitioning for a certificate of rehabilitation exists.

Appellate Information

• Decided 04/25/2014
• Published 04/25/2014

Judges

• FYBEL

Court

• California Court of Appeal

Counsel