People v. Blocker
118 Cal. Rptr. 3d 215
Cal. Ct. App.2010Background
- May 1998: Blocker not guilty of rape; guilty of assault and battery; two counts of misdemeanor molestation requiring lifetime sex-offender registry; 18 months in jail suspended; three years formal probation; conviction affirmed in a nonpub opinion.
- April 2009: Blocker petitions for certificate of rehabilitation; submits testimonials claiming rehabilitation criteria are met.
- Prosecution opposition focuses narrowly on Blocker’s continued insistence of innocence and failure to admit guilt; suggests this undermines rehabilitation.
- Trial court holds a brief hearing; acknowledges Blocker’s law-abiding conduct but refuses to grant due to belief Blocker remains guilty or unreformed given no admission of guilt; denial entered.
- Appellate standard: abuse of discretion review; court notes discretion is broad and upheld, emphasizing that rehabilitation standards are high and no guarantee of issuance.
- Disposition: appellate court affirms denial; discusses Governor pardon process and statutory limits; notes potential relevance of guilt admission but upholds trial court’s reasoned discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of the certificate was an abuse of discretion. | Blocker | Blocker | No abuse; discretion within reason |
| Whether a defendant’s refusal to admit guilt is relevant to rehabilitation. | Blocker | Blocker | Refusal may be relevant; court sustained discretion |
Key Cases Cited
- People v. Ansell, 25 Cal.4th 868 (Cal. 2001) (high rehabilitation standards; no entitlement to certificate)
- People v. Lockwood, 66 Cal.App.4th 222 (Cal. App. 1998) (abuse-of-discretion review for rehabilitation petitions)
- In re Personal Restraint of Dyer, 164 Wn.2d 274 (Wash. 2008) (acknowledgment of guilt tied to rehabilitation consideration)
- United States v. Wilson, 32 U.S. 150 (U.S. 1833) (pardon is an act of grace implying guilt)
- State v. Kellis, 229 P.3d 1174 (Idaho Ct. App. 2010) (admission of guilt as a factor in rehabilitation)
- Wright v. Superior Court, 15 Cal.4th 521 (Cal. 1997) (statutory structure affecting rehabilitation and parole considerations)