California Court of Appeal

In the People's appeal of the trial court's grant of successful habeas petitioner's claim under Penal Code section 1485.55, which allows any person who has prevailed in a habeas proceeding to file a motion in the trial court for a finding of factual innocence and requires the board to accept such a finding and approve petitioner's section 4900 claim for compensation for erroneous conviction and incarceration without any further hearing, the People's motion is dismissed for lack of jurisdiction where the court's order granting the section 14855.55 motion is not appealable by the People.

Appellate Information

• Decided 04/27/2015
• Published 04/27/2015

Judges

• Zelon

Court

• California Court of Appeal

Counsel