Can a defendant seek a certificate of rehabilitation after pleading guilty to violating section 288, subdivision (a) of the California Penal Code?

California, United States of America


The following excerpt is from People v. Lackey, E061839 (Cal. App. 2015):

We therefore reverse the order granting defendant a certificate of rehabilitation and remand the matter back to the trial court. Any request by defendant for a certificate of rehabilitation is now moot, given the 2014 changes that eviscerated his equal protection contentions. By pleading guilty to violating section 288, subdivision (a), defendant made himself subject to any later legislative changes that may affect him. (Doe v. Harris (2013) 57 Cal.4th 64, 66 ["[T]he general rule in California is that the plea agreement will be ' "deemed to incorporate and contemplate not only the existing law but the reserve power of the state to amend the law or enact additional laws for the public good and in pursuance of public policy. . . ." ' "].) This means the law that applies to any further proceedings is the current law, which leaves no room for an equal protection challenge, rather than the law that applied at the time of the hearing that already occurred. Consequently, there is nothing for the trial court to do but to enter an order finding defendant statutorily ineligible for the relief he requested.

Page 10

Other Questions


Can a defendant be successful on appeal against a finding of not guilty of a section 288.7, subdivision (b) violation of section 288 of the California Penal Code? (California, United States of America)
Does Section 654, subdivision (a) of the California Penal Code, section 654 of the Criminal Code apply to a defendant who has multiple convictions? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
Does a defendant have to plead guilty to a violation of section 211 of the California Penal Code? (California, United States of America)
Does section 654 of the Penal Code section 54 of the Criminal Code apply to a defendant who pleaded guilty to two counts of assault? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
Does a defendant who pleads not guilty by reason of insanity have to plead not guilty to the same charge under section 1016 of the California Criminal Code? (California, United States of America)
Can a defendant be found guilty of a violation of section 136.1, subdivision (c)(1) of the California Penal Code for threatening to withhold testimony? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.