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People v. Moreno

California Court of Appeals, First District, Third Division

November 21, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
MARK ANTHONY MORENO, Defendant and Appellant.

Superior Court of the City and County of San Francisco No. 2469933 Honorable Philip J. Moscone Judge

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COUNSEL

L. Richard Braucher, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant, Attorney General Gerald A. Engler, Assistant Attorney General Jeffrey M. Laurence and Aileen Bunney, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SIGGINS, J.

Mark Anthony Moreno successfully petitioned the superior court to reduce two prior felonies to misdemeanors and dismiss them

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pursuant to Penal Code section 1203.4. [1] Thereafter, he petitioned the court for a certificate of rehabilitation under section 4852.01. The court denied the certificate of rehabilitation. Once Moreno’s prior convictions were reduced, they were misdemeanors “for all purposes” as directed by section 17, subdivision (b). As a misdemeanant, the court concluded Moreno was not eligible for a certificate of rehabilitation because he was no longer a “person convicted of a felony” described in section 4852.01.

We agree with the trial court’s construction of the relevant statutes. We also reject Moreno’s claim that denying him the ability to pursue a certificate of rehabilitation while the opportunity is afforded to felons violates equal protection of the law. As we shall explain, felons who have had their crimes reduced to misdemeanors and dismissed are not similarly ...


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