P. v. Herrera CA4/3
Henry Eugene Herrera appeals from the trial court’s order denying his petition for a certificate of rehabilitation and pardon (Pen. Code, § 4852.01; all further statutory references are to this code). He argues the court abused its discretion in summarily denying his petition on grounds that the certificate procedure, by it terms, “does not apply to persons . . . convicted of a violation of . . . section 288.” (§ 4852.01, subd. (c).) Herrera contends this statutory bar violates equal protection because it does not extend to offenders who jointly commit with another person more serious crimes, specifically those who are convicted of forcible oral copulation in concert on a child under the age of 14 (§ 288a, subd. (d)(2)) or forcible sodomy in concert on a child (§ 286, subd. (d)(2)).
Comments on P. v. Herrera CA4/3