McCann
People v. McCann
Opinion
Opinion
Klein, J.
Defendant and appellant, Gerald McCann, appeals the trial court’s denial of his motion for a finding of factual innocence, under Penal Code section 851.5, following our reversal of his conviction for practicing medicine without a license (former Bus. & Prof. Code, § 2053).
The ruling is reversed, and the case is remanded to the trial court with directions to grant McCann’s motion.
BACKGROUND
After a court trial, defendant McCann, an orthopedic surgeon, was found guilty on two felony counts of violating former Business and Professions Code section 2053 (practicing medicine without a license). We reversed those convictions, holding McCann could not have violated section 2053 because he had a valid license to practice medicine at all relevant times. (People v. McCann (Feb. 23, 2005, B167088) [nonpub. opn.].)
Upon receipt of the remittitur, the trial court dismissed the charges. McCann then asked the trial court to make a finding, pursuant to section 851.8 (sealing and destruction of arrest records), that he was factually innocent. At a hearing on May 6, 2005, McCann urged the trial court to grant his section 851.8 motion.
“[Defense counsel]: [T]here were no objective…