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Name: People v. Conley
Case #: D042716
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/03/2004

Appellant was a peace officer, who was convicted of one count of misdemeanor battery for an off-duty incident. He petitioned for an order under Penal Code section 12021, subd. (c)(2) which would relieve him of the 10-year firearm prohibition mandated by section 12021, subd. (c)(1). It was granted, and the prosecutor appealed. In this opinion, the appellate court reversed the order granting appellant’s petition. Conley was not within the narrow class of persons entitled to seek relief from the firearm prohibition. The statute specifically exempts peace officers who are subject to the prohibition because of convictions under section 273.5, 273.6, or 646.9. The statute does not violate equal protection principles because it could result in different disabilities for those who commit batteries on their domestic partners and those who batter strangers. The classification adopted by the legislature bears a fair relationship to a legitimate public purpose.