PEOPLE v. ARATA

No. C050844.

60 Cal.Rptr.3d 160 (2007)

151 Cal.App.4th 778

The PEOPLE, Plaintiff and Respondent, v. David Louis ARATA, Defendant and Appellant.

Court of Appeal of California, Third District.

May 30, 2007.


Attorney(s) appearing for the Case

Balin & Kotler, Eileen S. Kotler, Pacifica, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Stephen G. Herndon and Craig S. Meyers, Deputy Attorneys General, for Plaintiff and Respondent.


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...

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