Bermudez

BARRY-DEAL, J.

David Ronald Bermudez appeals from an order denying his petition under Penal Code section 851.8, subdivision (c), [1] for a determination of his factual innocence of a 1972 rape charge. We find that appellant failed to establish good cause for waiving the time limitations applicable to such petitions, and affirm the denial.

In 1972, [2] appellant was held to answer a charge that he had raped Debra M. The charge was based on her accusation that after meeting her at a party, he had given her some "reds," and had later taken her to a remote area and raped her. Before the case was tried, the information was amended to add a charge under section 272 (contributing to delinquency of a minor). Appellant pleaded guilty to the added charge, and the rape charge was dismissed on the prosecutor's motion. Appellant was placed on probation and was ordered to serve 90 days in the county jail as one of several conditions of probation.

Appellant was convicted of some unrelated crime and sentenced to state prison in 1982. [3] He then discovered that the dismissed rape charge had resulted in several adverse consequences, including restrictions on the work he could do in…