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PEOPLE v. McCANN

No. B184262.

45 Cal.Rptr.3d 868 (2006)

141 Cal.App.4th 347

The PEOPLE, Plaintiff and Respondent, v. Gerald McCANN, Defendant and Appellant.

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

July 13, 2006.

Attorney(s) appearing for the Case

Michael P. Judge, Public Defender, Randall Rich and John Hamilton Scott, Deputy Public Defenders, 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, Jaime L. Fuster and Corey J. Robins, Deputy Attorneys General, for Plaintiff and Respondent.

KLEIN, P.J.

Defendant and appellant, Gerald McCann, appeals the trial court's denial of his motion for a finding of factual innocence, under Penal Code section 851.5,1 following our reversal of his conviction for practicing medicine without a license (former Bus. & Prof.Code, § 2053).

The ruling is reversed, and the case is remanded to the trial court with directions to grant McCann's motion.

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