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PEOPLE v. CHAGOYAN

No. B160159.

132 Cal.Rptr.2d 419 (2003)

107 Cal.App.4th 810

The PEOPLE, Plaintiff and Respondent, v. Luis CHAGOYAN, Defendant and Appellant.

Court of Appeals of California, Second District, Division Two.

As Modified May 1, 2003.

Attorney(s) appearing for the Case

Jeffrey S. Kross, Oakland, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, William T. Harter and Marc E. Turchin, Deputy Attorneys General, for Plaintiff and Respondent.

DOI TODD, J.

Luis Chagoyan appeals the denial of his motion pursuant to Penal Code section 851.81 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.

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