Esmaili

Appellant Bejan Esmaili was charged with continuous sexual abuse of a child in violation of Penal Code section 288.5. 1 A preliminary hearing was held at which the magistrate, citing inconsistencies in the victim’s testimony, found the evidence insufficient to bind appellant over for trial and dismissed the complaint. Appellant petitioned the court for a determination of factual innocence under section 851.8, subdivision (c). After the court denied the petition, appellant filed an unsuccessful motion for reconsideration, arguing that principles of collateral estoppel required the court to find him factually innocent. We affirm the orders denying the petition under section 851.8 and the motion for reconsideration.

BACKGROUND AND PROCEDURAL HISTORY

A. Evidence at the Preliminary Hearing

The prosecution filed a felony complaint charging appellant with a single violation of section 288.5, subdivision (a), which provides, “Any person who . . . has recurring access to [a] child, who over a period of time, not less than three months in duration, engages in . . . three or more acts of lewd or lascivious conduct, as defined in Section 288, with a child under the age of 14 years…