Chagoyan
People v. Chagoyan
Opinion
lead Opinion
Todd, J.
Luis Chagoyan appeals the denial of his motion pursuant to Penal Code section 851.8 1 for a finding of factual innocence and for the sealing and destruction of his arrest record, after the dismissal of a case in which he was charged with two Health and Safety Code violations. He contends that the trial court abused its discretion in denying his motion without conducting an evidentiary hearing. We agree and reverse.
Procedural Background
Appellant was charged by information with the sale or transportation of cocaine and with possession for sale of cocaine (Health & Saf. Code, §§ 11352, subd. (a), 11351). The offenses were alleged to have occurred in March 2001. When the matter was called for trial, the prosecutor informed the trial court that he was unable to proceed, stating, “We have problems with our witness[es]. We’re not going to be able to get them into court.” He acknowledged that he would not be ready the next day, the last day on which the matter could be brought to trial, and the trial court dismissed the charges.
*813 Appellant subsequently filed a motion for a finding of factual innocence and for the sealing and destruction of his arrest record, for…