California Court of Appeal

Following dismissal of molestation charges, the trial court's orders denying defendant's petition for determination of factual innocence and for reconsideration are affirmed, where: 1) there was no error in the trial court's characterization of the standard of "no reasonable cause" for defendant to demonstrate factual innocence; 2) the order discharging defendant for lack of probable cause did not operate as a finding of factual innocence under Penal Code section 851.8; 3) given the absence of any factual finding that Doe's testimony was untruthful, it cannot be said that no person of ordinary care and prudence would believe or strongly suspect defendant was guilty of the charged offense; and 4) defendant's collateral estoppel argument fails.

Appellate Information

• Decided 02/27/2013
• Published 02/27/2013

Judges

• NEEDHAM

Court

• California Court of Appeal

Counsel