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Name: People v. Hollie (2023) 97 Cal.App.5th 513
Case #: B321325
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 11/06/2023
Subsequent History: Opn. modified and ordered published 11/28/2023

Defendant whose murder conviction was vacated under Penal Code section 1172.6 because he could not be convicted of murder under current law was not entitled to a finding of factual innocence under Penal Code section 851.8. In 2004, defendant was convicted inter alia of first degree murder and robbery arising from the shooting death of victim Treder. In 2020, the superior court granted defendant’s section 1172.6 petition, finding he had been a major participant in the robbery of Treder but not the actual shooter, and impliedly finding he did not act with reckless indifference to human life during the robbery.…

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Name: People v. Mazumder
Case #: G054966
Court: CA Supreme Court
District 4 DCA
Division: 3
Opinion Date: 04/24/2019

A defendant who pleads guilty to at least one charged count is statutorily precluded from a finding of factual innocence under Penal Code section 851.8, subdivision (c), because a conviction has occurred in the defendant's case. Mazumder pleaded guilty to a misdemeanor offense in exchange for the dismissal of two felony offenses. The case was ultimately dismissed under Penal Code section 1203.4, subdivision (a)(1) following Mazumder's successful completion of informal probation. Mazumder then filed a petition under section 851.8, subdivision (c) for a finding of factual innocence and the sealing and destruction of his arrest records. The trial court…

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