People v. C.B.

2 Cal. App. 5th 1112, 206 Cal. Rptr. 3d 785, 2016 Cal. App. LEXIS 725
CourtCalifornia Court of Appeal
DecidedAugust 30, 2016
DocketA146277
StatusPublished
Cited by5 cases

This text of 2 Cal. App. 5th 1112 (People v. C.B.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. C.B., 2 Cal. App. 5th 1112, 206 Cal. Rptr. 3d 785, 2016 Cal. App. LEXIS 725 (Cal. Ct. App. 2016).

Opinions

Opinion

JENKINS, J.

—This is an appeal from a juvenile court order denying a request by defendant C.B. (minor) to expunge his DNA samples from the state’s database following the juvenile court’s grant of his simultaneous request to redesignate his admitted felony offense as a misdemeanor. Minor brought these requests under Penal Code section 1170.18, a measure enacted following passage of Proposition 47, the Safe Neighborhoods and Schools Act, which reduced the classification of certain crimes from felony to misdemeanor.1 According to minor, his DNA samples should be expunged because, had his offense been classified as a misdemeanor at the time he [1116]*1116admitted committing it, the juvenile court would have, in the first instance, lacked authority to order him to submit the samples.

However, as explained below, Proposition 47 construed in conjunction with the DNA and Forensic Identification Database and Data Bank Act of 1998 (DNA Database Act), section 295 et seq., supports the juvenile court’s decision to deny minor’s expungement request in this case. Moreover, and confirming this conclusion, our Legislature recently enacted Assembly Bill No. 1492 (2015-2016 Reg. Sess.) (Assembly Bill No. 1492), which clarifies that, pursuant to section 299, a trial court is not authorized to order expungement of a defendant’s DNA sample when granting relief under section 1170.18 to redesignate a felony offense as a misdemeanor. Accordingly, we affirm the juvenile court’s order.

FACTUAL AND PROCEDURAL BACKGROUND

On September 20, 2013, a petition was filed pursuant to Welfare and Institutions Code section 602, alleging that minor committed second degree robbery in violation of Penal Code sections 211 and 212.5 (count one), and first degree residential burglary in violation of sections 459 and 460, subdivision (a) (count two). This petition was amended on October 1, 2013, to add allegations that minor also committed felony grand theft from the person (§ 487, subd. (c)) (count three), and misdemeanor burglary (§§ 459, 460, subd. (a)) (count four).2 On the same date, minor admitted the amended allegations (counts three and four) and the remaining allegations (counts one and two) were dismissed.

On October 15, 2013, the juvenile court adjudged minor a ward of the court with no termination date, ordered his out-of-home placement and, among other things, ordered him to submit DNA samples for the state DNA database.

On July 6, 2015, minor filed a petition for relief under section 1170.18, requesting that his felony grand theft adjudication be redesignated as a misdemeanor, that the order requiring submission of DNA samples be vacated, and that his DNA samples be expunged from the state DNA database. Following a hearing, on July 21, 2015, the juvenile court granted minor’s request to redesignate his felony offense as a misdemeanor, but denied his requests to vacate the order to submit DNA samples and to [1117]*1117expunge his samples from the state DNA database. On September 14, 2015, minor filed a timely notice of appeal of this order.3

DISCUSSION

Minor raises one argument on appeal—to wit, that the juvenile court misconstrued Proposition 47 when finding that he was not entitled to have his DNA samples expunged from the state database after reclassifying his felony offense as a misdemeanor. The standard of review is not in dispute.

We review de novo questions of statutory or voter initiative interpretation. (Evangelatos v. Superior Court (1988) 44 Cal.3d 1188, 1212 [246 Cal.Rptr. 629, 753 P.2d 585] [rules of statutory interpretation apply to voter initiatives]; Argaman v. Ratan (1999) 73 Cal.App.4th 1173, 1176 [86 Cal.Rptr.2d 917].) The fundamental rule of statutory (or voter initiative) construction is that we must ascertain the intent of the drafters so as to effectuate the purpose of the law. (Preston v. State Bd. of Equalization (2001) 25 Cal.4th 197, 213 [105 Cal.Rptr.2d 407, 19 P.3d 1148].) “To determine the intent of legislation, we first consult the words themselves, giving them their usual and ordinary meaning.” (DaFonte v. Up-Right, Inc. (1992) 2 Cal.4th 593, 601 [7 Cal.Rptr.2d 238, 828 P.2d 140].) “We do not, however, consider the statutory language in isolation; rather, we look to the entire substance of the statutes in order to determine their scope and purposes. [Citation.] That is, we construe the words in question in context, keeping in mind the statutes’ nature and obvious purposes. [Citation.] We must harmonize the various parts of the enactments by considering them in the context of the statutory frame work as a whole. [Citation.] If the statutory language is unambiguous, then its plain meaning controls. If, however, the language supports more than one reasonable construction, then we may look to extrinsic aids, including the ostensible objects to be achieved and the legislative history.” (People v. Cole (2006) 38 Cal.4th 964, 975 [44 Cal.Rptr.3d 261, 135 P.3d 669].)

In this case, minor contends proper interpretation of Proposition 47 requires a trial court to expunge DNA samples submitted by a criminal defendant (including a juvenile) whose offense is reclassified from a felony to a misdemeanor pursuant to section 1170.18. Proposition 47, as mentioned above, “ ‘reduces penalties for certain offenders convicted of nonserious and nonviolent property and drug crimes’ and ‘allows certain offenders who have been previously convicted of such crimes to apply for reduced sentences.’ (Voter Information Guide, Gen. Elec. (Nov. 4, 2014) analysis of Prop. 47 by Legis. Analyst, p. 35 (Ballot Pamphlet).) One of those ‘nonserious and [1118]*1118nonviolent property and drug crimes’ is shoplifting, so long as the value of the stolen property is less than $950. (See Ballot Pamphlet, supra, text of Prop. 47, §5, p. 71.)” (In re J.C. (2016) 246 Cal.App.4th 1462, 1469 [201 Cal.Rptr.3d 731].) Minor, relying on a recent decision from the Court of Appeal, Fourth District, Alejandro N. v. Superior Court (2015) 238 Cal.App.4th 1209 [189 Cal.Rptr.3d 907] (Alejandro), contends the juvenile court was required under Proposition 47 to grant his request to expunge his DNA record because, once his crime was reclassified as a misdemeanor, it was no longer a ‘“qualifying offense” for purposes of the DNA Database Act. (See § 296, subd. (a).)

The People, to the contrary, contend, first, that Alejandro was wrongly decided and, second, that, even if correctly decided when published, Alejandro is no longer good law because, in enacting Assembly Bill No. 1492, the Legislature made clear that section 1170.18, properly read, does not authorize a trial court to expunge a defendant’s DNA sample when granting a petition to redesignate the qualifying offense from felony to misdemeanor. We agree with the People’s latter point and, thus, need not directly address the wisdom of Alejandro.

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Bluebook (online)
2 Cal. App. 5th 1112, 206 Cal. Rptr. 3d 785, 2016 Cal. App. LEXIS 725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cb-calctapp-2016.