People v. Courtemarche CA3

Filed 7/14/15 P. v. Courtemarche CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C076981

Plaintiff and Respondent, (Super. Ct. No. MCRDCRF140000324)

v.

MICHAEL STEVEN COURTEMARCHE,

Defendant and Appellant.

In 2000 defendant Michael Steven Courtemarche pled no contest to one count of oral copulation with a minor under the age of 14 and more than 10 years younger than the perpetrator (Pen. Code,1 § 288a, subd. (c)(1)) and was sentenced to state prison for three years. On May 19, 2014, after defendant had been released and discharged from parole, he filed a petition for a certificate of rehabilitation (§ 4852.01, subd. (a)), which was

1 Undesignated statutory references are to the Penal Code.

1

denied by the court on July 21, 2014, on the ground that defendant was statutorily ineligible for the certificate of rehabilitation.2 Defendant appeals, contending the trial court’s denial of his petition violated his equal protection rights under both the California and federal Constitutions. This is so, he argues, because persons convicted of violating section 288.7, a more violent crime against children than are persons convicted under section 288a, subdivision (c)(1), are not excluded from petitioning for the certificate. Defendant concludes that there is no justification for the difference in treatment and, therefore, his equal protection rights have been violated. The People respond there is no equal protection problem because, contrary to defendant’s claim, there is no difference in treatment between persons convicted under section 288.7 and section 288a, subdivision (c)--both are excluded from petitioning for a certificate of rehabilitation. Because of recent amendments to the applicable statute, we agree with the People. DISCUSSION Section 4852.01, subdivision (a) authorizes persons who have been released from state prison, and who meet other conditions not relevant to this appeal, to file a petition for a certificate of rehabilitation. However, subdivision (d) of section 4852.01 specifies circumstances which exclude persons from the petitioning process. One of the excluding circumstances is when a person has been convicted of a violation of section 288a, subdivision (c), the conviction in this case. However, because defendant asserts an equal protection claim based on section 288.7, we must also look at the exclusion based on “persons serving a mandatory life parole.”