California Court of Appeal

Under Penal Code section 851.8, the standard of review for a trial court's finding of factual innocence is to independently review the record to ascertain if any reasonable cause exists to believe the defendant committed the offense and determine if the trial court abused its discretion.

Appellate Information

• Decided 05/09/2001
• Published 05/09/2001

Judges

• FIDLER, J.*

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Gil Garcetti and Steve Cooley, District Attorneys, George M. Palmer, Fred Klink, and Patrick D. Moran, Deputy District Attorneys, for Plaintiff and Appellant.


• For Appellees:
  
• John Steinberg, under appointment by the Court of Appeal, for Defendant and Respondent.