People v. Miller

In 1987, Miller was convicted of transportation or sale of marijuana, a felony. He was placed on probation for two years plus 60 days in county jail. In 2008, he obtained relief under section 1203.4: dismissal of the felony charge, but not in complete restoration of civil rights, such as holding certain jobs and possessing a firearm. In 2015, while living in Montana, Miller sought a certificate of rehabilitation and pardon. The court denied the petition because Miller lived out of state. The court of appeal affirmed. The current version of Penal Code 4852.06 states: “A person convicted of a felony … the accusatory pleading of which has been dismissed pursuant to Section 1203.4, may file a certificate of rehabilitation and pardon ... if the petitioner has not been incarcerated in a prison, jail, detention facility, or other penal institution or agency since the dismissal of the accusatory pleading, is not on probation for the commission of any other felony, and ... presents satisfactory evidence of five years’ residence in this state prior to the filing of the petition.” The court rejected his argument that the Legislature did not intend for the “immediately preceding” requirement to apply to probationers, but rather to felons sentenced to jail in lieu of prison and noted that out of state residency does not prevent him from being pardoned directly by the Governor. View "People v. Miller" on Justia Law