P. v. Lopez
Jose Manuel Lopez appeals from an order denying his petition made under Penal Code section 851.8, to seal and destroy records and to find him factually innocent. The decision made by the trial court was based on conflicting evidence. It is the trial court’s duty, not ours, to decide credibility issues. We therefore affirm the order.
Defendant admittedly engaged in a sexual encounter with a woman he had picked up at a bus stop. He claimed it was consensual; she denied consent. The trial court reviewed extensive documentation, permitted defendant, who appeared in pro. per., to give an extensive unsworn statement, heard testimony of defendant’s brother, and thereafter ruled “there is reasonable cause that you were arrested and reasonable cause that you are not factually innocent in the matter. So your motion is denied.†The fact the district attorney declined to prosecute him does not establish his factual innocence.
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