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People v. Caldwell

An order denying a factual innocence motion is appealable.

Defendant’s 1991 second degree murder conviction was reversed when the superior court granted his habeas corpus petition. The petition alleged various grounds for relief including ineffective assistance of counsel at trial, and factual innocence. The court granted the relief solely on the ground of ineffective assistance of counsel. Defendant thereafter filed a Penal Code section 1485.55 motion for a finding of factual innocence. The motion was denied. Contrary to the state’s argument, the order denying a factual innocence motion is appealable.

____ Cal.App.5th ____, ____ Cal.Rptr.3d ____, 2018 D.A.R. 10935 (1st Dist. 2018) November 15, 2018 (A148828)

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