Trial court's denial of defendant's petition for a judicial finding of factual innocence following the dismissal of charges that she made a terrorist threat and stalked the victim is affirmed as, while the People failed in their burden to present evidence sufficient to bind defendant over for trial, she failed to sustain her burden to show that she is factually innocent of the charges brought against her such that she never should have been subjected to criminal process in the first place.
Filed October 8, 2009
Opinion by Judge Benke
For Appellant: Keith H. Rutman
For Appellee: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, James D. Dutton and Michael T. Murphy, Deputy Attorneys General