People v. Shepard

Opinion

HOCH, J.

Defendant Malcolm Shepard, Sr., appeals from an order denying his petition for a certificate of rehabilitation pursuant to Penal Code section 4852.01. He contends the trial court abused its discretion and violated his constitutional right to due process by denying the petition in his absence, after the bailiff allegedly told him the petition had already been denied, handed him the court’s tentative ruling, and sent him home. The problem is there is no evidence in the record indicating defendant was sent home, as he claims on appeal. Based on the lack of evidence in the record,…