P. v. Botts
On July 28, 2005, Susan Botts was arrested for a felony offense, but later released without an accusatory pleading being filed. Pursuant to Penal Code section 851.8, subdivision (b), she sought an order sealing and destroying her arrest record on the basis that she was factually innocent. On November 22, 2006, the court denied her request, and Botts appeals that ruling. Court conclude that the appeal was improperly sent to this court and should be transferred to the appellate division of the superior court.
Judgments resolving petitions to seal and destroy arrest records under section 851.8, subdivision (b), are subject to the following appeal path: (1) In a felony case, appeal is to the court of appeal. (2) In a misdemeanor case, or in a case in which no accusatory pleading was filed, appeal is to the appellate division of the superior court. ( 851.8, subd. (p)(1), (2).) The appeal in this court is dismissed.
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