P. v. Offerman CA2/6

Filed 7/18/13 P. v. Offerman CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B245259 (Super. Ct. Nos. CR16764 Plaintiff and Respondent, CR16725, CR46459) (Ventura County) v. DONALD MONROE OFFERMAN, Defendant and Appellant.

Donald Monroe Offerman appeals an order denying his petitions for a certificate of rehabilitation and pardon, commonly known as a "certificate of rehabilitation." (Pen. Code, § 4852.03; see People v. Blacker (2010) 190 Cal.App.4th 1 438, 440, fn. 2.) The trial court impliedly found that appellant had not demonstrated good moral character over a sustained rehabilitation period but could refile the petitions in 2015. We affirm. (§§ 4852.11; 4852.13, subd. (a); People v. Failla (2006) 140 Cal.App.4th 1514, 1522.)

1 All statutory references are to the Penal Code. Where the trial court finds that the petitioner is both rehabilitated and fit to exercise the rights and privileges lost by reason of his or her conviction, it may enter a certificate of rehabilitation order recommending that the Governor grant a full pardon. (§ 4852.13; People v. Ansell (2001) 25 Cal.4th 868, 875-876.)

Procedural History In 1981 appellant was convicted of five counts of grand theft-property (§ 487.1) and two counts of second degree burglary (§ 459) in case numbers CR16725 and CR16764. Appellant was sentenced to five years state prison, served part of the prison term, and was released on parole and returned to custody multiple times before he was discharged from parole on November 25, 1988. In 1999, appellant was convicted by plea of battery on a peace officer (§ 243, subd. (c)) and sentenced to a four year prison sentence. (CR46459.) Appellant served part of the prison term, was paroled and rearrested, and scheduled for a December 24, 2004 parole release date. MDO Commitment On December 12, 2004, appellant was found to be a mentally disordered offender (MDO; § 2962 et seq.) and committed to Atascadero State Hospital for treatment. The MDO commitment was extended three times based on jury findings that appellant suffered from a severe mental disorder that was not in remission and he was a 2 substantial risk of harm to other people. (§ 2972.) Appellant was released from the MDO commitment on March 26, 2010. Petitions For Certificate of Rehabilitation On January 13, 2012, appellant filed a petition for certificate of rehabilitation in each criminal case. (§ 4852.01 et seq.) The petitions alleged that appellant was discharged from parole on November 25, 1988, in case numbers CR16725 and CR16764 (the grand theft and burglary convictions) and discharged from parole on June 8, 2006, in CR46459 (battery on officer conviction). The Ventura County District Attorney opposed the petitions on the ground that the statutory rehabilitation period had