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PEOPLE v. O'DAY

No. A162303.

85 Cal.App.5th 426 (2022)

THE PEOPLE, Plaintiff and Respondent, v. MATTHEW TIMOTHY O'DAY, Defendant and Appellant.

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

November 18, 2022.

Attorney(s) appearing for the Case

Walter K. Pyle , under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta , Attorney General, Lance E. Winters , Chief Assistant Attorney General, Jeffrey M. Laurence , Assistant Attorney General, Moona Nandi , and René A. Chacón , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

The prosecution charged Matthew Timothy O'Day with murder and assault with a deadly weapon; the magistrate thereafter dismissed the charges at the conclusion of a preliminary hearing. More than 12 years later, O'Day petitioned for a finding of factual innocence. (Pen. Code, § 851.8; undesignated...

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