People v. Acuna

Opinion

GILBERT, P. J.

Here we hold that a defendant who has been denied expungement of his conviction by an amendment to the Penal Code 1 enacted after he pled guilty has not been subjected to an ex post facto law; nor does the application of the amendment violate section 3; nor has he been denied due process, equal protection or the benefit of his plea bargain. We affirm.

Facts

On February 26, 1993, Gilbert Adame Acuna pled guilty to one count of committing a lewd act upon a child under age 14 in violation of section 288, subdivision (a). Acuna was sentenced to 60 months’ probation on terms and…