What is the test for a motion of appeal against a conviction for involuntary manslaughter in a case of mistaken identity?

Respondent was indicted by a grand jury. After a jury trial, she was acquitted of murder but found guilty of the lesser included offense of involuntary manslaughter. In a prior appeal by respondent, we reversed the judgment of conviction because

Page 2

the evidence was insufficient to establish criminal negligence. (People v. Nelson (Nov. 6, 2017, B271618) [nonpub. opn.].)

The People contend that reasonable cause exists to believe that respondent committed the offense. We agree and reverse.

A "judicial determination of factual innocence . . . may be heard and determined upon declarations, affidavits, police reports, or any other evidence submitted by the parties which is material, relevant, and reliable." ( 851.8, subd. (b).) "The hearing is not limited to the evidence presented at trial. [Citation.]" (People v. Medlin (2009) 178 Cal.App.4th 1092, 1101.)