People v. Ram CA1/2

California Court of Appeal Sep 12, 2016 No. A143509MUnpublished

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Holding. The court held that the trial court erred in denying the defendant's petition for a certificate of rehabilitation based on a finding of statutory ineligibility, as the defendant had no conviction for the disqualifying offense cited.

Issues

Whether the trial court abused its discretion in denying a petition for a certificate of rehabilitation based on a finding of statutory ineligibility.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“The Attorney General concedes the trial court erred in finding Ram statutorily ineligible for the relief sought.”

“But Ram has no conviction under that statute. His only conviction in the Sacramento criminal case was for violation of section 243.4. This conviction does not render him ineligible for relief under section 4852.01.”

Filed 9/12/16 P. v. Ram CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A143509 v. PRAVEEN RAM, (Alameda County Super. Ct. No. 173219) Defendant and Appellant.

BY THE COURT: It is ordered that the opinion filed herein on August 31, 2016, be modified as follows: In the last paragraph on page 2, in the second sentence beginning with “On October 22, 2014,” the word “without” should be deleted and replaced with the word “with”. This modification does not change the judgment.

Dated:___________________ _________________________ Kline, P.J.

Filed 8/31/16 P. v. Ram CA1/2 (unmodified version) NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A143509 v. PRAVEEN RAM, (Alameda County Super. Ct. No. 173219) Defendant and Appellant.

Defendant Praveen Ram appeals from the trial court’s order denying his petition for certificate of rehabilitation and pardon pursuant to Penal Code section 4852.01.1 The Attorney General concedes the trial court erred in finding Ram statutorily ineligible for the relief sought. We accept the Attorney General’s concession. We reverse the denial order and remand the matter to the trial court to determine whether to grant Ram’s petition. FACTUAL AND PROCEDURAL BACKGROUND Sacramento Criminal Case In 2000, the Sacramento County District Attorney filed a second amended information charging Ram with two counts of sexual battery with restraint (counts 1 and 3, § 243.4, subd. (a)); two counts of rape (counts 2 and 5, § 261, subd. (a)(2)); two counts of sexual penetration (counts 4 and 7, § 289, subd. (a)); one count of sodomy (count 6,

People v. Ram CA1/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

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