In re Anthony

Obie Steven Anthony III filed a petition for writ of habeas corpus challenging his 1995 murder conviction. Following a 10-day eviden-tiary hearing, the trial court granted the petition and Anthony’s criminal charges were dismissed. Anthony subsequently filed a claim pursuant to Penal Code section 4900 seeking compensation for his erroneous conviction and incarceration. At the time he filed his claim, Anthony was required to prove his factual innocence in an administrative hearing before the California Victim Compensation and Government Claims Board. While his claim was pending, the Legislature adopted Penal Code section 1485.55, allowing any person who has prevailed in a habeas corpus proceeding to file a motion in the trial court for a finding of factual innocence, and requiring the board to accept such a finding and approve the section 4900 claim without any further ' hearing. Anthony filed a motion pursuant to the newly added statute, which the trial granted.

The district attorney appeals, arguing that (1) applying Penal Code section 1485.55 to Anthony’s compensation claim violates principles of retroactivity, and (2) there is insufficient evidence to support the…