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Robert D. Rodriguez, Esq.

SBN 242396
1 ROBERT D. RODRIGUEZ, ATTORNEY AT LAW
429 13th Street
2 Modesto, California 95354
(209) 596-4263 (telephone)
3 (209) 567-9316 (fax)
4 Attorney for Petitioner,
RONALD WILLIS POOL
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF STANISLAUS
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—♦—
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RONALD WILLIS POOL, ) No.: 1090270
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Petitioner, ) [PROPOSED] DECLARATION OF
13 ) FACTUAL INNOCENCE UNDER
vs. ) PENAL CODE SECTION 851.8 AND
14 ) ORDER
PEOPLE OF THE STATE OF )
15 CALIFORNIA, )
)
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Respondent. )
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___________________________________ )

18 DECLARATION OF FACTUAL INNOCENCE UNDER PENAL CODE


SECTION 851.8 AND ORDER
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Declared by Stanislaus County Superior Court
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For RONALD WILLIS POOL
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Having jurisdiction in the matter, the above law enforcement agency or court has
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determined that the above-named petitioner is factually innocent of the arrest indicated below

24 and is hereby exonerated. Hereafter, the arrest shall be deemed not to have occurred, and the

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[PROPOSED] DECLARATION OF FACTUAL INNOCENCE UNDER PENALCODE SECTION 851.8 AND
ORDER
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petitioner may answer any questions relating to the arrest accordingly. It is ordered that the
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arrest and/ or court record to be sealed for three years from the date of the arrest and/or charges
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3 and thereafter destroyed.

4 Arrest Date: _________________

5 Arresting Agency: ______________________________

6 Agency Number: _______________________________


7 Charge: ______________________________________
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Date: _________________________________________
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JUDGE OF THE SUPERIOR COURT

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[PROPOSED] DECLARATION OF FACTUAL INNOCENCE UNDER PENALCODE SECTION 851.8 AND
ORDER
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PROOF OF SERVICE
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PEOPLE v. RONALD WILLIS POOL
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Superior Court of California, County of Stanislaus
3 Case No. 1090270
I declare that:
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I am employed in the County of Stanislaus, State of California; my business address is
5 429 13th Street, Modesto, California. My business telephone number is (209) 596-4263. I am
over the age of eighteen years and not a party to the within entitled action.
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I served the foregoing [PROPOSED] DECLARATION OF FACTUAL
7 INNOCENCE UNDER PENAL CODE SECTION 851.8 AND ORDER, on the following
person(s) in said action, by placing a true copy thereof enclosed in a sealed envelope on
8 May , 2011, and delivering it as follows:
9 XXXX (By Mail) I am readily familiar with the business practice at my place of business for
collection and processing of correspondence for mailing at the Law Office of Robert D.
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Rodriguez with United States Postal Service that same day in the ordinary course of business.
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_____ (By FedEx Priority Overnight Courier) I caused each envelope to be delivered via
12 overnight courier service to the addressee(s) designated.

13 _____ (By Personal Service) I caused each envelope to be delivered by hand to the addressee(s)
below.
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_____ (By Fax) I caused each document to be sent via fax to the following number(s) of the
15 addressee(s):

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Stanislaus County District Attorney’s Office
17 Criminal Division
832 12th Suite 300
18 Modesto, CA. 95354
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I declare under penalty of perjury under the laws of the State of California that the
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foregoing is true and correct, and that this declaration was executed at Modesto, Stanislaus
County, California, on May , 2011.
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_______________________________
23 Condon J. McConville

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[PROPOSED] DECLARATION OF FACTUAL INNOCENCE UNDER PENALCODE SECTION 851.8 AND
ORDER
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Comment: Whenever an accusatory pleading was filed but no conviction resulted, the defendant
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may petition the court that dismissed the action for a finding of factual innocence. The petition
3 may be filed any time after the case is dismissed. Pen C §851.8(c). A hearing is conducted, and
the prosecuting attorney may present evidence at the hearing. Pen C §851.8(c). At the time of
4 dismissing the case, a judge may grant §851.8 relief. Pen C §851.8(d)-(e).
When an arrest occurred, but no accusatory pleading was filed, the petition is filed with the law
5 enforcement agency that has jurisdiction over the offense. A copy of the petition must be served
on the prosecuting attorney of the county having jurisdiction over the offense. The law
6 enforcement agency may make a determination of factual innocence, upon which the records will
be sealed and eventually destroyed. Pen C §851.8(a). The prosecuting attorney must concur in
7 the agency's decision. Pen C §851.8(a). If the agency and the prosecuting attorney do not grant
relief, the arrested person can petition the superior court that would have had jurisdiction over
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the matter. Pen C §851.8(b). A copy of the petition must be served on the law enforcement
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agency and the prosecuting attorney within 10 days of the hearing, and the prosecuting attorney
and the district attorney on behalf of the law enforcement agency may present evidence at the
10 hearing. Pen C §851.8(b). Time limits and procedures are in Pen C §851.8.
Counsel may find a cover letter desirable, and may wish to include a Declaration of Factual
11 Innocence, either on the Department of Justice form (see Pen C §851.8(g)) or in the form above.

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[PROPOSED] DECLARATION OF FACTUAL INNOCENCE UNDER PENALCODE SECTION 851.8 AND
ORDER
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