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Jonathan Phillips v. California

Paid petition · Court of Appeal of California, Sixth Appellate District, No. H051373 · judgment January 6, 2025


Certiorari denied · October 6, 2025
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Does a felony false imprisonment conviction obtained by way of a nolo contendere plea violate the due process protections of the Fifth and Fourteenth Amendments where Petitioner was never advised by his defense counsel that his plea would later make him ineligible for California Penal Code Section 17(b)1 relief (reduction from felony to a misdemeanor)?

  2. Has the equal protection clause of the Fourteenth Amendment been violated where individuals who have been found guilty of a felony by a jury were afforded section 17(b) relief, but Petitioner, who plead nolo contendere to the “wobbler” offense of felony false imprisonment, was not?

  3. Should a felony false imprisonment conviction obtained by way of a nolo contendere plea, be reduced to a misdemeanor where, as here, it was never proven (and there is no evidence) the crime was accomplished with “violence, menace, fraud or deceit”? 1 Hereinafter, all undesignated statutory references are to the California Penal Code.

Counsel of record

For petitioner
Orly Ahrony
Ahrony Appeals Law Group

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Jul 30 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jun 10 2025
    Petition for a writ of certiorari filed. (Response due July 14, 2025)