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Name: Lewis v. Clarke
Case #: B161712
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 05/08/2003
Subsequent History: Modified & Rhrg. denied 6/5/03

Penal Code section 1203.4, subdivision (c) provides for a filing fee to pay the actual cost of services rendered by the county at a rate set by the board of supervisors for a petition for a change of plea or to set aside a verdict, following successful completion of probation. The court here held the statute authorizes imposition of the fee only after the superior court determines that the petitioner has the ability to pay without undue hardship and exercises its discretion to order payment. Thus, the superior court clerk cannot impose the fee at the time of…

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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…

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Name: People v. Adair
Case #: S098218
Court: CA Supreme Court
District CalSup
Opinion Date: 01/30/2003
Subsequent History: None

Appellant was acquitted of murdering her husband, and petitioned the trial court pursuant to Penal Code section 851.8, subdivision (e) for a finding of factual innocence. The trial court granted the motion, and the prosecutor appealed. The Court of Appeal reversed the trial court’s decision, applying a de novo standard of review, and disagreeing with the substantial evidence test applied in People v. Scott M. and People v. Pogre. Independently examining the record, the Court of Appeal concluded that the defendant failed to meet her burden of establishing that no reasonable cause exists to believe she…

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Name: People v. Sturiale
Case #: F033825
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/14/2000
Subsequent History: Review denied 11/15/00

Failing to reach the issue of whether appellant was ineligible for deferred entry of judgment where he admitted a "strike" prior, the Court of Appeal did hold that the trial court has no power to "overrule" the prosecution's determination that appellant was ineligible for deferred entry of judgment based on conduct covered by charges dismissed pursuant to a plea bargain. The court noted that when facts in a dismissed count are transactionally related to the offense to which a defendant pleaded guilty, the rule of People v. Harvey (1979) 25 Cal.3d 754, which prevents a sentencing court from considering…

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Name: People v. Covington
Case #: F032872
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/11/2000
Subsequent History: None

Appellant was not entitled to have her conviction expunged under Penal Code section 1203.4. Although she made all court-ordered restitution payments during the term of her probation, she did not pay her restitution obligation in full. A defendant has not fulfilled a restitution condition of probation, for purposes of section 1203.4, unless s/he has made all court-ordered payments and has paid the obligation in…

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Name: People v. Frawley
Case #: A088519
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 07/31/2000
Subsequent History: None

Appellant Frawley was convicted of a felony in the early 1990s, and in August, 1997, the court dismissed that conviction pursuant to Penal Code section 1203.4. In April, 1999, appellant was charged with several more felonies, including a violation of section 12021 for being in possession of a firearm as an ex-felon. The trial court granted a motion to dismiss this count because the relief granted to appellant under section 1203.4 precluded his prosecution for possessing nonconcealable firearms. The appellate court here reversed. Section 12021 prohibits any person who has been convicted of a felony from…

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Name: People v. Adair
Case #: B138462
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 05/09/2001
Subsequent History: Rev. granted 8/22/01 as S098218

Appellant was acquitted of the special circumstance murder of her husband. She filed a petition pursuant to Penal Code section 851.8, for a finding of factual innocence, which was granted by the trial court. Following an appeal by the prosecutor, the appellate court reversed the trial court's finding. The appropriate standard of review is to independently review the record to ascertain if any reasonable cause exists to believe the defendant committed the offense for which she was arrested and tried, and determine if the trial court abused its discretion in granting the petition. Applying that standard,…

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