Skip to content
Name: People v. Bleich
Case #: D053808
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/09/2009

Petition for factual innocence was properly denied where appellant failed to sustain her burden that she should not have been subjected to criminal prosecution. Bleich was charged with making terrorist threats and stalking. Following a preliminary hearing, the charges against her were dismissed. The trial court found that there was insufficient evidence to hold Bleich to answer because the recordings of the threats were of such poor quality that witnesses could not identify the voice as belonging to Bleich. Bleich moved for a finding of factual innocence under Penal Code section 851.8. The motion was denied and she appealed. The appellate court affirmed, finding that the trial court’s conclusion that the voice on the recording did not sound like Bleich followed a weighing of evidence and a finding of reasonable doubt. This conclusion was an insufficient basis for a finding of factual innocence, which requires a demonstration that the prosecution should not have been brought. The prosecution’s failure of proof was evidentiary. Based on the record, it cannot be concluded that the evidence completely exonerated Bleich, so the denial of her motion was proper.