California Court of Appeal

Trial court's denial of defendant's petition for a judicial finding of factual innocence following the dismissal of charges that she made a terrorist threat and stalked the victim is affirmed as, while the prosecution failed in its burden to present evidence sufficient to bind defendant over for trial, defendant failed to sustain her burden to show that she is factually innocent of the charges brought against her such that she never should have been subjected to criminal process in the first place.

Appellate Information

• Decided 10/09/2009
• Published 10/09/2009

Judges

• BENKE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Keith H. Rutman, San Diego, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, James D. Dutton and Michael T. Murphy, Deputy Attorneys General, for Plaintiff and Respondent.