People v. Lawrence CA3

Filed 11/16/15 P. v. Lawrence CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C076794

Plaintiff and Respondent, (Super. Ct. No. CRF130003667) v.

CONRAD LESLIE LAWRENCE,

Defendant and Appellant.

The trial court denied defendant Conrad Leslie Lawrence’s application for a certificate of rehabilitation and pardon (Pen. Code, § 4852.01)1 regarding his 1986 conviction for lewd and lascivious acts with a person under the age of 14 in violation of section 288, subdivision (a) (hereafter section 288(a)). On appeal, defendant contends the trial court abused its discretion in denying the application, resulting in a miscarriage

1 Unspecified statutory references are to the Penal Code.

1

of justice. He further contends the denial was a violation of his constitutional right to equal protection of the laws under the state and federal Constitutions. We disagree and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND In 1986, defendant was convicted in the Sacramento County Superior Court of one count of lewd or lascivious acts on a child under the age of 14. (§ 288(a).) The Sacramento County trial court placed defendant on three years of formal probation subject to terms and conditions, including 30 days in county jail. The conviction subjected defendant to lifetime mandatory sex offender registration pursuant to section 290, subdivisions (b) and (c). Defendant’s term of probation expired on May 1, 1989. On August 1, 2013, defendant petitioned the Yolo County Superior Court for a certificate of rehabilitation and pardon regarding his section 288(a) conviction. Defendant’s petition was filed pursuant to section 4852.01. Subdivision (c) of that section provides: “Any person convicted of a felony or any person who is convicted of a misdemeanor violation of any sex offense specified in Section 290, the accusatory pleading of which has been dismissed pursuant to Section 1203.4, may file a petition for certificate of rehabilitation and pardon pursuant to the provisions of this chapter if the petitioner has not been incarcerated in any prison, jail, detention facility, or other penal institution or agency since the dismissal of the accusatory pleading and is not on probation for the commission of any other felony, and the petitioner presents satisfactory evidence of five years residence in this state prior to the filing of the petition.” At the initial hearing on defendant’s petition, the trial court continued the matter for defendant to gather additional information, namely, confirmation of dismissal of the conviction pursuant to section 1203.4, confirmation that defendant had been a resident of