People v. Adair

Opinion

BROWN, J.

When a defendant is acquitted of criminal charges, Penal Code section 851.8, subdivision (e), 1 authorizes a petition to the trial court for a finding of factual innocence. (See § 851.8, subd. (b).) The question presented here is the appropriate standard of review on appeal from such a finding. (§ 851.8, subd. (p)(l).) From the statutory scheme, we conclude that although the appellate court should defer to the trial court’s factual findings to the extent they are supported by substantial evidence, it must independently examine the record to determine whether the defendant has…