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PEOPLE v. ADAIR

No. S098218.

129 Cal.Rptr.2d 799 (2003)

29 Cal.4th 895

62 P.3d 45

The PEOPLE, Plaintiff and Appellant, v. Jeanie Louise ADAIR, Defendant and Respondent.

Supreme Court of California.

January 30, 2003.

Attorney(s) appearing for the Case

Gil Garcetti and Steve Cooley, District Attorneys, George M. Palmer, Head Deputy District Attorney, Fred Klink and Patrick D. Moran, Deputy District Attorneys, for Plaintiff and Appellant.

John Steinberg, under appointment by the Supreme Court, for Defendant and Respondent.

BROWN, J.

When a defendant is acquitted of criminal charges, Penal Code section 851.8, subdivision (e),1 authorizes a petition to the trial court for a finding of factual innocence. (See § 851.8, subd. (b).) The question presented here is the appropriate standard of review on appeal from such a finding. (§ 851.8, subd. (p)(1).) From the statutory scheme, we conclude that although the appellate court should defer to the trial...

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