PEOPLE v. GERALD
Filed 7/13/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. GERALD McCANN, Defendant and Appellant. | B184262 (Los Angeles County Super. Ct. No. BA189658) |
APPEAL from a ruling of the Superior Court of Los Angeles County,
Jacqueline A. Connor, Judge. Reversed and remanded with directions.
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.
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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.
BACKGROUND
After a court trial, defendant McCann, an orthopedic surgeon, was found guilty on two felony counts of violating former Business and Professions Code section 2053 (practicing medicine without a license). We reversed those convictions, holding McCann could not have violated section 2053 because he had a valid license to practice medicine at all relevant times. (People v. McCann (Feb. 23, 2005, B167088) [nonpub. opn.].)
Upon receipt of the remittitur, the trial court dismissed the charges. McCann then asked the trial court to make a finding, pursuant to section 851.8 (sealing and destruction of arrest records), that he was factually innocent. At a hearing on May 6, 2005, McCann urged the trial court to grant his section 851.8 motion.
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