People v. Chatman
2 Cal. App. 5th 561
| Cal. Ct. App. | 2016Background
- In 2001 Chatman pleaded no contest to felony robbery and was placed on five years’ probation; he later obtained dismissal of that felony under Penal Code § 1203.4.
- In 2008 Chatman was convicted of DUI (misdemeanor), given three years’ probation, and ordered to serve 10 days in jail; that conviction was not dismissed.
- Chatman applied for a certificate of rehabilitation (Pen. Code § 4852.01) in 2014 to qualify for a statutory exemption to work in a group home (Health & Safety Code § 1522).
- § 4852.01 treats former felony prisoners (subd. (a)) and former felony probationers (subd. (b)) differently: former prisoners may seek a certificate even if later incarcerated, while former probationers are disqualified if they were incarcerated after their § 1203.4 dismissal.
- The trial court denied Chatman’s petition relying on People v. Jones; Chatman appealed arguing the statutory distinction violates equal protection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 4852.01’s differential treatment between subsequently incarcerated former felony probationers and subsequently incarcerated former felony prisoners violates equal protection | Chatman: groups are similarly situated for purposes of § 4852.01 and no rational basis supports denying probationers (but not prisoners) eligibility after subsequent incarceration | People: Jones controls; Legislature permissibly established different procedures and eligibility for probationers vs. prisoners | Court: The groups are similarly situated for § 4852.01; no rational basis was articulated for the disparate treatment; statute violates equal protection as applied to Chatman; remand for merits of petition |
Key Cases Cited
- People v. Ansell, 25 Cal.4th 868 (Cal. 2001) (describes certificate of rehabilitation purpose and effect)
- People v. McKee, 47 Cal.4th 1172 (Cal. 2010) (standards for evaluating classifications under equal protection)
- People v. Moreno, 231 Cal.App.4th 934 (Cal. Ct. App. 2014) (discusses statutory disabilities faced by felons and rehabilitation mechanisms)
- People v. Jones, 176 Cal.App.3d 120 (Cal. Ct. App. 1985) (earlier decision upholding differential treatment between probationers and prisoners under § 4852.01)
- Newland v. Board of Governors, 19 Cal.3d 705 (Cal. 1977) (held irrational to allow felons but not misdemeanants access to certificate-based relief; used to show similar perverse effect)
- Johnson v. Department of Justice, 60 Cal.4th 871 (Cal. 2015) (describes deferential rational-basis review and legislative classification principles)