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PEOPLE v. BERMUDEZ

No. A119028.

172 Cal.App.4th 966 (2009)

THE PEOPLE, Plaintiff and Respondent, v. LUIS E. BERMUDEZ, Defendant and Appellant.

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

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

J. Wilder Lee, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Catherine A. Rivlin and David H. Rose, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SIMONS, Acting P. J.—

Appellant Luis E. Bermudez's petition for a determination of factual innocence (Pen. Code, § 851.8)1 was denied by the trial court as untimely. The court rejected appellant's contention that the two-year statutory limitations period imposed by section 851.8, subdivision (l), did not apply to petitioners like him, who had had charges lodged against them, but were not...

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