California Court of Appeal

In this case, defendant successfully petitioned to reduce two prior felonies to misdemeanors and dismiss them pursuant to Penal Code section 1203.4, and he subsequently petitioned the court for a certificate of rehabilitation under section 4852.01. Denial of the certificate of rehabilitation is affirmed, where: 1) once defendant’s prior convictions were reduced, they were misdemeanors "for all purposes" as directed by section 17(b); 2) defendant was not eligible for a certificate of rehabilitation because he was no longer a person convicted of a felony; and 3) felons who have had their crimes reduced to misdemeanors and dismissed are not similarly situated to those who remain felons following completion of parole or probation.

Appellate Information

• Decided 11/21/2014
• Published 11/21/2014

Judges

• Siggins

Court

• California Court of Appeal

Counsel