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PEOPLE v. ACUNA

No. B131760.

92 Cal.Rptr.2d 224 (2000)

77 Cal.App.4th 1056

The PEOPLE, Plaintiff and Respondent, v. Gilbert Adame ACUNA, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

January 27, 2000.

Attorney(s) appearing for the Case

Richard C. Gilman, Oxnard, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Pamela C. Hamanaka, Supervising Deputy Attorney General, Wendy Chase Arenson, Deputy Attorney General, for Plaintiff and Respondent.

GILBERT, P.J.

Here we hold that a defendant who has been denied expungement of his conviction by an amendment to the Penal Code1 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.

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