People v. Ventura CA6

Filed 11/6/24 P. v. Ventura CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H051506 (Monterey County Plaintiff and Respondent, Super. Ct. No. 22CV003845)

v.

MICHAEL VENTURA,

Defendant and Appellant.

Michael Ventura appeals the Monterey County Superior Court’s denial of his petition for a certificate of rehabilitation and pardon (hereafter certificate of rehabilitation). (Pen. Code,1 § 4852.01 et seq.) He contends the court erred by relying on improper and unsupported factors, conditioning a future petition on satisfaction of specific tasks, and imposing an additional 24-month rehabilitation period. The Attorney General agrees that the additional rehabilitation period is invalid but maintains the court properly exercised its discretion in denying Ventura’s petition. For the reasons explained below, we decide there is no evidence supporting the trial court’s finding that Ventura appears to lack fully normalized relations with women.

1 All further unspecified statutory references are to the Penal Code.

Because that finding was significant to the court’s denial of Ventura’s petition, we reverse the court’s order and remand for further proceedings. I. FACTS AND PROCEDURAL BACKGROUND A. 1993–1997 Sexual Misconduct and Convictions In June 1993, Ventura met a woman on a blind date. According to the woman, after drinking alcohol at a few bars, she and Ventura went to his home. There, on a bed, Ventura pinned the woman’s hands over her head against her will. The woman screamed, and Ventura covered her mouth. The woman struggled to break free as Ventura “dry hump[ed] her.” The woman eventually broke away from Ventura, left his home, and reported the incident to the police. During a pretext call, Ventura denied attacking the woman and said things got out of hand due to the amount of alcohol they had consumed. Later, the woman told a police investigator not to pursue the matter further. No charges were filed. In July 1994, Ventura molested two female neighbors while intoxicated. Regarding the first incident, the woman told police that Ventura came to her apartment and asked to use her telephone. While inside the apartment, Ventura grabbed the woman, forced her down onto a futon, kissed her, and touched her breast. The woman screamed, and Ventura left. A second woman told police that a couple days after the first incident, Ventura came to her apartment asking for a cigarette. While inside the apartment, Ventura grabbed the woman, pushed her down, lay on top of her, restrained her, and said, “ ‘Do you know what I’m going to do to you?’ ” The woman screamed, and Ventura left. As a result of these two incidents, Ventura was charged with two misdemeanor counts of sexual battery by restraint (§ 243.4, subd. (a)). In 1995, Ventura pleaded guilty to one count of sexual battery and one count of misdemeanor assault (§ 242). The court placed Ventura on probation. In May 1997, Ventura met a woman while out with friends. According to the woman, they drank alcohol. Later, on a bed at the woman’s home, Ventura pinned the 2