People v. Heard CA1/5

Filed 9/28/22 P. v. Heard CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent,

A161599

v. CHARLES HEARD, (San Francisco County Super. Ct. Nos. SCN210246, Defendant and Appellant.

CT2429070)

In 2010, appellant Charles Heard (Appellant) was convicted of the first degree murder of Richard Barrett (Pen. Code, § 187, subd. (a))1 and the attempted second degree robbery of Barrett (§§ 211, 664). In 2012, this court affirmed. (People v. Heard (Oct. 29, 2012, A130983) [nonpub. opn.].) Appellant now appeals from the denial of his section 1485.55, subdivision (b) motion for a finding of factual innocence. We reverse.

PROCEDURAL BACKGROUND

Following a jury trial, Appellant was convicted of murdering and…