People v. Esmaili

Opinion

NEEDHAM, J.

Appellant Bejan Esmaili was charged with continuous sexual abuse of a child in violation of Penal Code section 288.5.1 A preliminary hearing was held at which the magistrate, citing inconsistencies in the victim’s testimony, found the evidence insufficient to bind appellant over for trial and dismissed the complaint. Appellant petitioned the court for a determination of factual innocence under section 851.8, subdivision (c). After the court denied the petition, appellant filed an unsuccessful motion for reconsideration, arguing that principles of collateral estoppel required…