No. G048369.

225 Cal.App.4th 1150 (2014)

170 Cal. Rptr. 3d 795

THE PEOPLE, Plaintiff and Respondent, v. JOHN LYNN TIREY, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

As modified May 1 and 2, 2014.

Attorney(s) appearing for the Case

Law Offices of Robert D. Salisbury and Robert Salisbury for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, Peter Quon, Jr. , Steve Oetting and Susan Miller , Deputy Attorneys General, for Plaintiff and Respondent.


FYBEL, Acting P. J.


The only issue before us is whether defendant John Lynn Tirey is statutorily barred under Penal Code section 4852.01, subdivision (d), from petitioning for a certificate of rehabilitation. (All further statutory references are to the Penal Code unless otherwise noted.) We agree with defendant that the statute barring persons convicted of crimes under section 288, subdivision (a), from...

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