P. v. Verden CA6
The Summit Fire in May 2008 burned several thousand acres in the Santa Cruz Mountains and destroyed structures and outbuildings. Defendant Channing Parker Verden was arrested and charged with recklessly causing the wildfire based on preliminary hearing evidence it originated from a burn pile left by Verden after a brush removal operation. The district attorney later dismissed that charge, and Verden petitioned the trial court for a finding of factual innocence under Penal Code section 851.8. On appeal, Verden claims that the court erred in denying his petition and, specifically, failed to employ the burden shifting analysis required under the statute. We shall affirm.
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