Error and/or relief
(Gary Note: This did not result in any relief but reminds us which appellate court has jurisdiction for denials of petitions for a finding of factual innocence in misdemeanors or felonies or proceedings in which no accusatory pleading was filed.)
Here, the defendant appealed from a denial of his petition under PC 851.8 to seal and destroy his arrest record with a finding of factual innocence. While the court issued orders short of that finding, it did not make a finding of factual innocence. The defendant appealed. The Court of Appeal found it had no jurisdiction and transferred the case to the Appellate Division of the appropriate county superior court.
First Holding:
Section 851.8(a) and (b) govern the process for requesting sealing and destruction of arrest records based on factual innocence in cases in which the person was arrested and no accusatory pleading was filed. Subdivision (a) states that the person arrested may first petition the law enforcement agency having jurisdiction over the offense to destroy its records of the arrest. Subdivision (b) provides that in any case in which the law enforcement agency denies or fails to respond to the petition, the person arrested may file a petition in superior court asking to have the records sealed and destroyed. The court may grant the petition based on a finding of factual innocence if it concludes that no reasonable cause exists to believe that the arrestee committed the offense for which the arrest was made.
Authority:
People v. O’Day (2022) 85 Cal.App.5th 426, 432
Second Holding:
The appealability of orders made under section 851.8 is governed by subdivision (p), which provides: “A judgment of the court under subdivision (b), (c), (d), or (e) is subject to the following appeal path: (1) In a felony case, appeal is to the court of appeal. (2) In a misdemeanor case, or in a case in which no accusatory pleading was filed, appeal is to the appellate division of the superior court. The record does not show any accusatory pleading was filed in this case, and the pleadings in the record indicate that no charges were ever filed. Thus, no felony was charged. Accordingly, jurisdiction over this appeal belongs with the appellate division of the superior court. We therefore transfer this appeal to the Appellate Division of the [originating county] Superior Court pursuant to Government Code section 68915.
Authority:
People v. Nickerson (2005) 128 Cal.App.4th 33, 39–41
Third Holding:
No appeal taken to the Supreme Court or to a court of appeal shall be dismissed for the reason only that the same was not taken to the proper court, but the cause shall be transferred to the proper court upon such terms as to costs or otherwise as may be just, and shall be proceeded with therein, as if regularly appealed thereto.
Authority:
GOV 68915