Legal Opinion
People v. Arata
California Court of Appeal
Decided May 30, 2007No. C050844PublishedCited by 23 opinions
1Opinion of the Court
Opinion
MORRISON, J.
Defendant appeals from denial of his motion to expunge (Pen. Code, § 1203.4) his conviction for committing a lewd or lascivious act upon a child (Pen. Code, § 288, subd. (a); all further unspecified statutory references are to the Penal Code). He contends it violates due process to apply the provision, enacted after his conviction, that makes relief under section 1203.4 unavailable to one convicted of a violation of section 288 because he entered into the plea agreement in reliance on the relief available under section 1203.4. We agree and reverse.
FACTUAL AND PROCEDURAL…
2Cases cited13 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- People v. HarveyCalifornia Supreme Court · 1979
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Doe v. HarrisCalifornia Supreme Court · 2013
- People v. ThurmanCalifornia Court of Appeal · 2007
- Doe v. BrownCalifornia Court of Appeal · 2009
- People v. HolmanCalifornia Court of Appeal · 2013
- Doe v. HarrisCourt of Appeals for the Ninth Circuit · 2011
18 more not listed; retrieve them via the Exa API.