People v. Fitzgerald
JAD17-18
| Cal. Ct. App. | Dec 6, 2017Background
- William D. Fitzgerald was charged with fighting in public and battery; a jury acquitted him on both counts after trial.
- Fitzgerald petitioned under Penal Code §851.8 to seal and destroy his arrest records; the trial court denied the petition.
- At the petition hearing, the trial judge cited her recollection of trial testimony and evidence (including videos) in denying relief.
- Defense counsel had signed a petition statement asserting a dismissal that could not be located on the docket; the court issued an order to show cause regarding that representation.
- Fitzgerald appealed, arguing (1) the court erred by not holding an evidentiary hearing under §851.8, (2) there was no evidence at trial against him, and (3) the trial court was biased.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §851.8(e) requires an evidentiary hearing before sealing records after acquittal | People: statute does not require a hearing; judge who presided can decide | Fitzgerald: judge must hold an evidentiary hearing on factual innocence | Held: §851.8(e) does not mandate a hearing; judge may but need not hold one. |
| Whether failure to hold a hearing was reversible error | People: no error; if error, it was harmless because result would be same | Fitzgerald: reversal required for failure to take evidence | Held: Any failure to hold a hearing was harmless given the trial judge’s firsthand recollection and the strength of inculpatory evidence. |
| Whether there was no evidence presented at trial | People: appellant failed to provide trial record to support claim | Fitzgerald: contends no realistic evidence he acted illegally | Held: Claim forfeited—appellant did not include trial transcript or citations; appellate record inadequate. |
| Whether the trial court was biased | People: court acted on counsel’s inaccurate statement and allowed counsel to speak; conduct not biased | Fitzgerald: court refused counsel and set sanctions, showing bias | Held: No bias shown—record demonstrates judge allowed counsel to speak and set OSC based on counsel’s admitted false representation. |
Key Cases Cited
- People v. Adair, 29 Cal.4th 895 (establishing de novo review for record-sealing issues)
- People v. Freeman, 47 Cal.4th 993 (due process/right to impartial judge discussion)
- People v. Glimps, 92 Cal. App. 3d 315 (interpretation that §851(e) requires judge to find factual innocence)
- People v. Pogre, 188 Cal. App. 3d Supp. 1 (app. div. decision holding a hearing desirable but not controlling here)
- People v. Chagoyan, 107 Cal. App. 4th 810 (discussion of §851.8(c) hearing requirement; not dispositive for §851.8(e))