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239 Cal. App. 4th 786
Cal. Ct. App.
2015
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Background

  • Defendant Malcolm Shepard, Sr. sought a certificate of rehabilitation under Pen. Code §4852.01 et seq. after prior felonies; the petition was filed in Feb. 2014 and opposed by the People.
  • The rehabilitation statute requires a multi-year period of rehabilitation and proof of good moral character and compliance with laws.
  • The probation report highlighted defendant’s 1991 forcible rape conviction and 1995 drug and weapon offenses, his long prison terms, and post-release conduct; letters and employment history supported rehabilitation.
  • The trial court issued a tentative ruling denying the petition on the merits.
  • A hearing was held; the record shows defendant appeared earlier with counsel, but on the hearing date record does not show involvement by defendant or counsel; defense petition was denied.
  • The court concluded the petitioner waived the right to the hearing and to counsel by not participating, and affirmed the denial.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether denial without participation violated due process Shepard Shepard No due process violation; no evidence showed denial of a required hearing.
Whether petitioner’s right to counsel was violated People Shepard No; petitioner waived right to counsel by not attending; public defender had represented prior to hearing.
Whether trial court erred by not postponing ruling for on-record waiver People Shepard No duty to defer; waiver implied from absence; high rehabilitation standards remain intact.
Standards for rehabilitation and sufficiency of evidence People Shepard Court properly applied Ansell and Blocker standards; denial affirmed.

Key Cases Cited

  • People v. Ansell, 25 Cal.4th 868 (Cal. 2001) (set forth high rehabilitation standards and scope of petition)
  • Blocker v. People, 190 Cal.App.4th 438 (Cal. App. 2010) (high hurdles; discretion to deny if not rehabilitated)
  • County of Mendocino v. Ted. S., 217 Cal.App.3d 1202 (Cal. App. 1990) (default-like waiver analysis in civil proceedings)
  • Ted. S., 217 Cal.App.3d 1202 (Cal. App. 1990) (waiver of hearing and counsel in civil context)
  • People v. Lockwood, 66 Cal.App.4th 222 (Cal. App. 1998) (potential new petition; counsel considerations)
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Case Details

Case Name: People v. Shepard
Court Name: California Court of Appeal
Date Published: Aug 19, 2015
Citations: 239 Cal. App. 4th 786; 191 Cal. Rptr. 3d 429; 2015 Cal. App. LEXIS 715; C077166
Docket Number: C077166
Court Abbreviation: Cal. Ct. App.
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