PEOPLE v. OBERSTEIN
THE PEOPLE, Plaintiff and Respondent,
CHANCE XCALIBER OBERSTEIN, Defendant and Appellant.
Court of Appeals of California, Fourth District, Division Three.
Filed July 27, 2011.
NOT TO BE PUBLISHED IN OFFICIAL REPORTSOPINION
Chance Xcaliber Oberstein appeals the superior court's denial of his petition for a certificate of rehabilitation and pardon. (Pen. Code, § 4852.01; all statutory references are to the Penal Code unless otherwise noted). Oberstein sought the certificate 12 years after suffering felony convictions for several sex offenses involving a 16-year-old girl. He contends the court abused its discretion in denying his application solely because granting his application would relieve Oberstein of the requirement to continue registering as a sex offender. Oberstein also argues the court lacked statutory authority to impose a new two-year rehabilitation period. We find no basis to overturn the judgment, but agree the court had no basis to impose another two-year rehabilitation period. Accordingly, we affirm the judgment as modified.IFACTUAL AND PROCEDURAL BACKGROUND
In July 1998, a jury convicted Oberstein of sexual intercourse with a minor (§ 261.5, subd. (c)), sodomy with a person under age 18 (§ 286, subd. (b)(1)), and oral copulation with a person under age 18 (§ 288a, subd. (b)(1)). At the time of the sexual contact in June 1996, Oberstein was a 38-year-old Los Angeles County Public Defender. The victim was a 16-year-old female client of the Public Defender's office, although not represented by Oberstein. The trial court suspended imposition of judgment, placed Oberstein on probation and required him to serve 365 days in jail. He resigned from the State Bar.