People v. C.B.
2 Cal. App. 5th 1112
| Cal. Ct. App. | 2016Background
- Minor (juvenile) admitted felony grand theft and the juvenile court ordered DNA sampling in 2013; he later sought redesignation under Prop. 47 (§ 1170.18) and expungement of his DNA.
- In July 2015 the juvenile court redesignated the felony as a misdemeanor under § 1170.18 but denied the request to vacate the DNA order and to expunge the samples; minor appealed.
- The legal conflict centers on whether redesignation under Prop. 47 triggers entitlement to DNA expungement under the DNA Database Act (§ 295 et seq., esp. § 296 and § 299).
- Section 299 (as amended by Assem. Bill No. 1492, effective Jan. 1, 2016) lists statutes (including § 1170.18) that do not authorize a judge to relieve a person of the administrative duty to provide DNA samples.
- The majority held that redesignation under § 1170.18 does not entitle the offender to expunge DNA collected when the offense was a qualifying felony; the legislative amendment to § 299 confirms this view.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a § 1170.18 redesignation to misdemeanor requires expungement of DNA taken when offense was a felony | Minor: § 1170.18 says redesignated convictions are misdemeanors "for all purposes," so the offense no longer qualifies under the DNA Act and DNA must be expunged | People: DNA Act governs; a conviction/plea as a felony made DNA collection lawful and § 299 bars courts from relieving the administrative duty; AB 1492 clarified § 1170.18 is included | Held: Redesignation does not entitle expungement; conviction as a felony remains a qualifying basis and § 299 (as amended) prevents judicial expungement |
| Whether § 299 precluded courts from ordering expungement before AB 1492 | Minor: § 299(f) (pre-amendment) referred to "relieving duty to provide" and did not explicitly address expungement; thus § 1170.18 control might require expungement | People: Pre-existing § 299 was reasonably read to bar expungement when qualifying offense was later reduced; Coffey and statutory context support that reading | Held: Even pre-amendment, § 299 was reasonably read to preclude expungement when a felony was later redesignated; AB 1492 clarified the point |
| Whether AB 1492 impermissibly amended Prop. 47 (retroactivity/initiative limits) | Minor/Dissent: AB 1492 effectively altered Prop. 47's "for all purposes" grant and is inconsistent with voter intent, so the amendment cannot be applied retroactively | People/Majority: AB 1492 clarifies § 299, does not amend § 1170.18, and merely resolves an ambiguity; clarification may be applied retrospectively | Held: Majority: amendment is a clarification and may be applied; expungement still not available; Dissent disagrees and would expunge |
| Proper interpretive analogy: § 1170.18 redesignation vs. § 17 wobbler reductions | Minor: § 1170.18 is retroactive "for all purposes" and differs from § 17; reclassified offenses are no longer felonies for DNA purposes | People: § 1170.18 is analogous to § 17 for DNA Act purposes; conviction was a qualifying felony at time of DNA collection (Coffey) | Held: Majority: treat § 1170.18 like § 17 for DNA purposes; conviction remains qualifying and expungement is unavailable |
Key Cases Cited
- Alejandro N. v. Superior Court, 238 Cal.App.4th 1209 (Cal. Ct. App.) (held Prop. 47 redesignation removes DNA-collection qualification and supports expungement)
- Coffey v. Superior Court, 129 Cal.App.4th 809 (Cal. Ct. App.) (DNA lawfulness tied to pleading/conviction as felony; reduction under § 17 does not retroactively invalidate DNA collection)
- In re J.C., 246 Cal.App.4th 1462 (Cal. Ct. App.) (applied Coffey to § 1170.18 and concluded redesignation does not permit DNA expungement; endorsed § 299 reading)
- People v. Buza, 231 Cal.App.4th 1446 (Cal. Ct. App.) (addressed scope/constitutionality of § 299; referenced in statutory amendment context)
- People v. Park, 56 Cal.4th 782 (Cal.) (discusses prospective vs. retroactive effect of reducing wobbler to misdemeanor for purposes of enhancements)