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PEOPLE v. ESMAILI

No. A134700.

213 Cal.App.4th 1449 (2013)

153 Cal. Rptr. 3d 625

THE PEOPLE, Plaintiff and Respondent, v. BEJAN ESMAILI, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

February 27, 2013.

Attorney(s) appearing for the Case

Andrew J. Dhuey for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Rene A. Chacon and Bruce Ortega , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

NEEDHAM, J. —

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...

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