People v. Moreno
Annotate this CaseIn 1971, Moreno was convicted of felony possession of barbiturates in San Mateo County and was placed on probation for two years with the condition that he serve one year in county jail. Moreno successfully completed probation. In 1973, Moreno was convicted in San Mateo County of assault with a deadly weapon, also a felony. Again, he successfully completed probation. Years later, Moreno petitioned the court to declare the felony offenses misdemeanors and dismiss them under Penal Code 1203.4. The trial court granted his petition. Two years later, Moreno sought a certificate of rehabilitation and pardon under section 4852.01. The trial court denied Moreno’s request because, once his crimes were reduced to misdemeanors and dismissed, he no longer qualified for a certificate of rehabilitation. The appeals court affirmed, rejecting an argument that denying Moreno the ability to pursue a certificate of rehabilitation while the opportunity is afforded to felons violates equal protection of the law. Felons who have had their crimes reduced to misdemeanors and dismissed are not similarly situated to those who remain felons following completion of parole or probation.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.