Bleich

Defendant and appellant Ida Bleich appeals from the trial court’s denial of her petition for a judicial finding of factual innocence (Pen. Code, § 851.8), following the dismissal of charges that she made a terrorist threat (§ 422) and stalked the victim (§ 646.9). We affirm the trial court’s order.

BACKGROUND

A. The Cell Phone Threat and Appellant’s Arrest

Basil Abdulahad was a pharmaceutical technician employed by CVS pharmacy. Appellant, a pharmacist, acted as Abdulahad’s supervisor for six months, until he transferred to another CVS pharmacy in El Cajon, California. During the time she was Abdulahad’s supervisor, appellant had occasion to call Abdulahad on his cell phone and drive him to work.

On June 7, 2008, at 3:18 a.m., Abdulahad received a message stored on his cell phone’s voice mail. The message, which was laden with profanities, accused Abdulahad of trying to sleep with the caller’s girlfriend and purported to describe Abdulahad’s activities on a recent night. The caller threatened to slit Abdulahad’s throat and put him in a body bag. The caller also indicated knowledge of where Abdulahad lived.

Abdulahad immediately believed the caller’s voice sounded…