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Name: People v. Chagoyan
Case #: B160159
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 04/03/2003
Subsequent History: Opn. modified 5/1/03

Appellant was charged with sale of cocaine, but the charges were dismissed prior to trial. He subsequently filed a motion for finding of factual innocence and for the sealing of his arrest record, pursuant to Penal Code section 851.8. The court denied his motion without conducting an evidentiary hearing. The appellate court here reversed and remanded for a hearing. The trial court must consider the evidence a petitioner seeks to present before it can determine whether reasonable cause exists to believe the petitioner committed the offense. The trial court here abused its discretion in failing to consider the evidence.