People v. Punzalan

Opinion

RUBIN, J. The City of Burbank and its police department (Burbank) appeal from the trial court’s order sealing the arrest record of Gail Medina Punzalan. Because Burbank lacks standing, we dismiss the appeal.

FACTS AND PROCEDURAL HISTORY

The Burbank Police Department arrested Gail Medina Punzalan for stealing and using someone else’s credit card. After a preliminary hearing, Punzalan was bound over for trial, and the People filed an information charging him with those crimes. Upon further investigation of the charges, however, the People moved for dismissal because Punzalan did not resemble pictures of the suspected thief, and the People’s own expert concluded the signatures on the stolen credit card slips were not his.

Following dismissal of all charges, Punzalan petitioned the court for an order to seal and destroy his arrest record because he was factually innocent. (Pen. Code, § 851.8.)1 The district attorney did not oppose the petition, saying his “reasons for the dismissal speak for themselves.” Burbank, on the [1310]other hand, opposed the petition. Despite Burbank’s protest, the court granted Punzalan’s petition.2 Burbank appeals from that order.

DISCUSSION

The right to appeal is not a free-floating privilege that anyone may grab. One must ordinarily be a party to the appealed judgment or order. (Shaw v. Hughes Aircraft Co. (2000) 83 Cal.App.4th 1336, 1342 [100 Cal.Rptr.2d 446].) In criminal matters, the parties are the defendant and the People of California. The arresting law enforcement agency is not a party. As the Penal Code states, “A criminal action is prosecuted in the name of the people of the State of California, as a party, against the person charged with the offense.” (§ 684.) In this case, the People, not Burbank, were empowered to prosecute Punzalan. The People, not Burbank, chose to dismiss the charges against him. And the People, not Burbank, decided not to oppose Punzalan’s petition. Yet, Burbank, and not the People, appeals from the court’s order granting that petition. But, section 851.8, which governs the sealing of arrest records based on factual innocence, gave Burbank no standing as to Punzalan’s petition. Burbank is therefore out of place.