California, United States of America
The following excerpt is from People v. Enders, H036458 (Cal. App. 2011):
" 'Establishing factual innocence . . . entails establishing as a prima facie matter not necessarily just that the [defendant] had a viable substantive defense to the crime charged, but more fundamentally that there was no reasonable cause to arrest him in the first place.' [Citation.] A trial court's finding of factual innocence based solely on its own interpretation of the evidence does not sustain the defendant's burden any more than a failure of the prosecution to convict. [Citation.]" (Adair, supra, 29 Cal.4th at p. 905, fn. omitted; see also People v. Matthews (1992) 7 Cal.App.4th 1052, 1056-1057 (Matthews).)
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