Punzalan
People v. Punzalan
Opinion
lead Opinion
Rubin, J.
The City of Burbank and its police department (Burbank) appeal from the trial court’s order sealing the arrest record of Gail Medina Punzalan. Because Burbank lacks standing, we dismiss the appeal.
FACTS AND PROCEDURAL HISTORY
The Burbank Police Department arrested Gail Medina Punzalan for stealing and using someone else’s credit card. After a preliminary hearing, Punzalan was bound over for trial, and the People filed an information charging him with those crimes. Upon further investigation of the charges, however, the People moved for dismissal because Punzalan did not resemble pictures of the suspected thief, and the People’s own expert concluded the signatures on the stolen credit card slips were not his.
Following dismissal of all charges, Punzalan petitioned the court for an order to seal and destroy his arrest record because he was factually innocent. (Pen. Code, § 851.8.) 1 The district attorney did not oppose the petition, saying his “reasons for the dismissal speak for themselves.” Burbank, on the *1310 other hand, opposed the petition. Despite Burbank’s protest, the court granted Punzalan’s petition. 2 Burbank appeals from that order.