People v. Land CA3

Filed 4/21/15 P. v. Land CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C077476

Plaintiff and Respondent, (Super. Ct. No. 14F03906)

v.

DENNIS DAVID LAND, SR.,

Defendant and Appellant.

In 1985, defendant Dennis David Land, Sr., pled guilty to sodomy with a person under the age of 14 and 10 years younger than him (Pen. Code,1 § 286, subd. (c)) and oral copulation with a person under the age of 18 (§ 288a, subd. (b)(1)) and was placed on formal probation for eight years. Defendant filed a petition for a certificate of rehabilitation and pardon (§ 4852.01) in June 2014. The petition contained no documents

1 Undesignated statutory references are to the Penal Code.

1

or specific factual allegations regarding defendant’s conduct since his conviction or regarding his character. It did contain a photocopy of People v. Tirey (2014) 225 Cal.App.4th 1150, review granted August 20, 2014, S219050, which held that persons convicted of violating section 288, subdivision (a), were not statutorily barred from receiving such a certificate. At the hearing on the petition, the trial court noted that review was granted on Tirey and there were no factual allegations that would support granting the petition. Defense counsel suggested the defense may wait to see what the Supreme Court did in Tirey and then submit another petition for a certificate of rehabilitation and pardon. The trial court denied the petition, finding defendant’s convictions rendered him statutorily excluded from filing a petition of rehabilitation and pardon, and in addition, defendant failed to present any facts justifying a grant had he been eligible. DISCUSSION Defendant appeals from the trial court’s denial of his petition, contending it was an abuse of discretion. His contention is frivolous. Section 4852.01 states in pertinent part: “(a) Any person convicted of a felony who has been released from a state prison or other state penal institution or agency in California, whether discharged on completion of the term for which he or she was sentenced or released on parole prior to May 13, 1943, who has not been incarcerated in a state prison or other state penal institution or agency since his or her release, and who presents satisfactory evidence of a three-year residence in this state immediately prior to the filing of the petition for a certificate of rehabilitation and pardon provided for by this chapter, may file the petition pursuant to the provisions of this chapter. . . . [¶] . . . [¶] (d) This chapter shall not apply to persons serving a mandatory life parole, persons committed under death sentences, persons convicted of a violation of Section 269, subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, Section 288.7, or subdivision (j) of Section 289, or persons in military service.”