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Wrongly Convicted Database Record
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Charge: |
Robbery (includes armed robbery) |
Sentence: |
3 years |
Years Imprisoned: |
2.17 |
Year Crime: |
2013 |
Year Convicted: |
2014 |
Year Cleared: |
2016 |
U.S. State or Country of Crime: |
California |
County or Region of Crime: |
Los Angeles |
City of Crime: |
Palmdale |
Result: |
Judicially Exonerated |
Summary of Case: |
"Tony Jesus Moreno Jr. was wrongly convicted on March 13, 2014 of a robbery committed in Palmdale, California on November 24, 2013. Tony Moreno Jr. was arrested on January 7, 2014, and he was charged on February 5, 2014 he was charged with two counts of robbery, and the information alleged he had two prior convictions that resulted in his imprisonment. Facing a three-strikes sentence if convicted after a trial, Moreno agreed to a plea of no contest to one count of robbery in exchange for a three year prison sentence and dismissal of the second robbery count and the enhancement of his prior prison terms. "In August 2015, law enforcement received information that the victims of the robbery – Nikhil and Nitin Seth (Nikhil and Nitin) - may have framed Moreno.3 Following an investigation, police arrested Nikhil and Nitin for filing a false police report and forwarded the information to the DA. Thereafter, the DA moved to dismiss Moreno’s case pursuant to Penal Code section 1385, stating he had a reasonable doubt as to Moreno’s guilt. The judge granted the motion and ordered that Moreno be released from prison on March 3, 2016." Moreno submitted an application for compensation with the California Victim Compensation Board on August 8, 2016. After reviewing the evidence CVCB Hearing Officer Andrea L. Konstad ruled on April 14, 2017: "Based on a thorough review of the evidence, it is determined that Moreno has proven, by a preponderance of the evidence, he did not commit the crime with which he was charged, convicted, and served time for in prison. Accordingly it is recommended to the Legislature that an appropriation be made in the amount of $110,180 for the 787 days he was erroneously incarcerated." The California Legislature approved the appropriation, and on September 28, 2017 California Governor Jerry Brown approved payment to Moreno. [All quotes from: In the Matter of the Claim of Tony Jesus Moreno Jr., No. 16-ECO-05 (Victim Compensation Board of the State of California, April 14, 2017) (Proposed Decision)]" |
Conviction Caused By: |
"False police report by the alleged "victims" who framed Moreno." |
Innocence Proved By: |
""In August 2015, law enforcement received information that the victims of the robbery – Nikhil and Nitin Seth (Nikhil and Nitin) - may have framed Moreno.3 Following an investigation, police arrested Nikhil and Nitin for filing a false police report and forwarded the information to the DA. Thereafter, the DA moved to dismiss Moreno’s case pursuant to Penal Code section 1385, stating he had a reasonable doubt as to Moreno’s guilt. The judge granted the motion and ordered that Moreno be released from prison on March 3, 2016." [In the Matter of the Claim of Tony Jesus Moreno Jr., No. 16-ECO-05 (Victim Compensation Board of the State of California, April 14, 2017) (Proposed Decision)]" |
Defendant Aided By: |
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Compensation Awarded: |
"$110,180 (State of California, 9-28-2017)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
28 |
Age When Released: |
30 |
Sex: |
Male |
Skin/Ethnicity: |
Hispanic |
Information Source 1: |
"In the Matter of the Claim of Tony Jesus Moreno Jr., No. 16-ECO-05 (Victim Compensation Board of the State of California, April 14, 2017) (Proposed Decision)" |
Information Location 1: |
https://www.google.ca/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ved=0ahUKEwicyNCFq8fZAhUIbK0KHdqVD7UQFggxMAI&url=https%3A%2F%2Fvictims.ca.gov%2Fdocs%2Fpc4900%2FPC-4900-Approved-Moreno.pdf&usg=AOvVaw3ClJ4qIUVRVX1i_SsqwNhh |
Information Source 2: |
"SB-534 California Victim Compensation Board: claims, Calif. Legislative Information (Senate Bill No. 534, Chapter 360), Sept. 28, 2017 (Approved by Gov. Brown on Sept. 28, 2017 and Filed with Sec. of State on Sept. 28, 2017.)" |
Information Location 2: |
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB534 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org