People v. Mazumder (Cal. Ct. App. – April 24, 2019)

Justice Goethals is right in this one.  For reasons even beyond the ones he expresses.Admittedly, Justice Moore's majority opinion makes a ton of sense.  The petitioner pled guilty.  So how can he possibly later file a petition claiming that he was factually innocent of the offense?!  The Court of Appeal holds that he can't.That pretty much naturally follows, right?But it's wrong.The Court of Appeal bases its holding principally on the words of the statute.  It says: "There are three classes of persons who may petition the court for a finding of factual innocence. (§ 851.8, subds. (a)(c)(d) & (e).) 'Those classes are: (1) persons who have been arrested but no accusatory pleading has yet been filed [subd. (a)]; (2) persons who have been arrested and an accusatory pleading has been filed but no conviction has occurred [subds. (c) & (d)]; and (3) persons who are ‘acquitted of a charge and it appears to the judge…

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