Wrongly Convicted Database Record

 

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Rudolph Bottone

 

Charge:

Larceny

Sentence:

"1 year, 2 years probation, & $925 costs and fine"

Years Imprisoned:

Year Crime:

Year Convicted:

1998

Year Cleared:

2014

U.S. State or Country of Crime:

Michigan

County or Region of Crime:

St. Clair

City of Crime:

Result:

Pardoned

Summary of Case:

"Rudolph Bottone was convicted in 1998 of larceny from a person in St. Clair County, Michigan. Bottone was sentenced to 1 year imprisonment, 2 years probation, and payment of $925 in costs and fine. Rudolph Bottone was pardoned by Michigan's governor on December 22, 2014. An executive pardon in Michigan erases a conviction and restores the pardoned person's presumption of innocence the same as a court order vacating a conviction. The Michigan Court of Appeal stated in People v. Van Heck, 252 Mich. App. 207, 651 NW 2d 174 (Mich. Ct. of Appeals 9-24-2002): "As our Supreme Court has observed, such an act of clemency "`reaches both the punishment prescribed for the offense and the guilt of the offender. It releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense.'" People v. Stickle, 156 Mich. 557, 564, 121 N.W. 497 (1909), quoting People, ex rel. Forsyth v. Court of Sessions of Monroe County, 141 N.Y. 288, 294-295, 36 N.E. 386 (1894)."

Conviction Caused By:

Innocence Proved By:

"Rudolph Bottone was pardoned by Michigan's governor on December 22, 2014. An executive pardon in Michigan erases a conviction and restores the pardoned person's presumption of innocence the same as a court order vacating a conviction. The Michigan Court of Appeal stated in People v. Van Heck, 252 Mich. App. 207, 651 NW 2d 174 (Mich. Ct. of Appeals 9-24-2002): "As our Supreme Court has observed, such an act of clemency "`reaches both the punishment prescribed for the offense and the guilt of the offender. It releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense.'" People v. Stickle, 156 Mich. 557, 564, 121 N.W. 497 (1909), quoting People, ex rel. Forsyth v. Court of Sessions of Monroe County, 141 N.Y. 288, 294-295, 36 N.E. 386 (1894)."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Pardons Approved By Governor, 1/1/1969 to 4/30/2015, Mich. Dept. of Corr., Office of the Parole and Commutation Board (List of 69 pardoned individuals sent to Hans Sherrer on 4/30/2015)"

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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