Holmes v. Cal. Victim Compensation & Gov. Claims Bd.Annotate this Case
In 1992, in the state of Rhode Island, Charles Herbert Holmes III was convicted of second degree child molestation. Based on the Rhode Island conviction, Holmes began registering as a sex offender in California. In 2005, Holmes pled guilty for failing to register as a sex offender. He spent about six years, 11 months in custody for the conviction. In 2013, he filed with the California Victim Compensation & Government Claims Board an erroneously convicted person claim. Holmes alleged he was entitled to compensation for the time he served in prison for failing to register as a sex offender because he was not actually required to register as a sex offender in California. The Attorney General submitted a letter in response to the claim, noting that Holmes may not have been required to register as a sex offender based on his Rhode Island conviction. The Attorney General indicated, however, she would oppose the claim on the ground Holmes failed to demonstrate he had suffered pecuniary injury as a result of his incarceration. Holmes filed a petition for writ of mandate seeking to set aside the Board's denial of his claim. The trial court issued a tentative ruling denying Holmes's petition for writ of mandate, finding the Board did not abuse its discretion in rejecting the claim on the ground Holmes had failed to prove that he suffered pecuniary injury. After hearing oral argument, the trial court confirmed its tentative ruling and later entered judgment denying the claim. Holmes timely appealed. Finding no reversible error in the trial court's judgment, the Court of Appeal affirmed.