Gebremicael v. California Com. on Teacher Credentialing

In Gebremicael v. California Com. on Teacher Credentialing (2004) 118 Cal.App.4th 1477, the court considered whether a felony that was reduced to a misdemeanor under Penal Code section 17, subdivision (b), was a misdemeanor for purposes of Education Code section 44364, a statute that required the Commission on Teacher Education to deny a teaching credential to an applicant convicted of a violent or serious felony. Gebremicael pled no contest to one count of violating Penal Code section 246.3, discharge of a firearm in a grossly negligent manner, a felony. The court found him guilty as charged, suspended sentence, and admitted him to three years' probation, subject to serving 90 days in county jail. Four years later, the court granted his motion to reduce the felony conviction to a misdemeanor pursuant to Penal Code section 17. (Gebremicael, supra, 118 Cal.App.4th at p. 1480.) Relying on the maxim of statutory construction that "where a statute, with reference to one subject contains a given provision, the omission of such provision from a similar statute concerning a related subject is significant to show that a different legislative intent existed," the court in Grebremicael concluded that when the Legislature intends a misdemeanor conviction under Penal Code 17 to continue to be treated as a felony it expressly so states, and held that the unambiguous language "misdemeanor for all purposes" means what it says, absent a specific statutory provision that states otherwise. (Grebremicael, supra, 118 Cal.App.4th at pp. 1483, 1486-1487.)