Nov. 18, 2022 – People v. O’Day (1st Dist., Div. 3, A162303)

The Court of Appeal affirms the denial of defendant’s petition for factual innocence (PC 851.8), holding that the trial court did not abuse its discretion in finding that defendant failed to establish good cause for filing the petition more than 10 years after the statutory deadline. The dissent would hold that the evidence that defendant was not advised of or otherwise aware of the possibility of a petition for factual innocence was sufficient to establish good cause.