Conviction Review Committee

Conviction Review Committee

The role of the prosecutor is to see “that justice shall be done” and “guilt shall not escape or innocence suffer.” (Berger v. United States (1935) 295 U.S. 78, 88.)

The District Attorney of Riverside County, as the public prosecutor acting on behalf of the People, vigorously enforces the law, pursues the truth, and safeguards the rights of all to ensure that justice is done on behalf of our community. 

The District Attorney works with every component of the criminal justice system to protect the innocent, to convict and appropriately punish the guilty, and to protect the rights of victims. A prosecutor’s duty to “do the right thing” does not end with conviction, and it is important to continue that effort long after the conviction takes place. 

In accordance with this mission to pursue the truth and to protect the innocent, the Riverside County District Attorney’s Office has formed a Conviction Review Committee. The Conviction Review Committee investigates claims of actual innocence where credible and verifiable evidence of innocence exists or new technologies exist to test or retest remaining evidence. The application requirements and process are set forth below.

Application Requirements

In order to qualify for a conviction review by the Riverside County District Attorney’s Office, the case and applicant must meet the following criteria:

    1. The conviction must have occurred in the Superior Court, County of Riverside;
    2. The conviction must not be based on a guilty plea or confession, unless there is a significant showing of coercion or lack of voluntariness;
    3. The applicant must be in custody, serving time on the sentence imposed for the asserted wrongful conviction;
    4. The conviction must be for a violent and/or serious felony as listed in Penal Code sections 667.5(c) or 1192.7 (c), or a felony with a significant sentence or a significant collateral consequence;
    5. The application for review must be based on credible and verifiable evidence of innocence;
    6. The application must not be based solely on asserted legal error or ineffective assistance of counsel; and
    7. The applicant agrees to fully cooperate with the District Attorney’s Office, which includes providing disclosure of all relevant information during the review process.
    8. Any other case where the office determines that justice requires review.

In general, the convicted offender must have continually maintained his/her innocence from the inception of the case.

Application Process

RivCo Conviction Review Application

Inmate resentencing application

For inmates requesting consideration for resentencing, please fill out and return the two forms below – the application and the CDC&R waiver.

Request for resentencing recommendation

CDCR file authorization waiver

Return the completed application and all other relevant information to the following address via U.S. Mail, fax, or email (please do not send original documents):

Riverside County District Attorney’s Office
Conviction Review Committee
3960 Orange Street
Riverside, CA 92501
Fax: 951-955-9566
Appellate-Unit@rivcoda.org

Restrictions

The Conviction Review Committee generally does not review non-innocence related claims such as those concerning procedural errors at trial, trial court rulings, or ineffective assistance of counsel. The Conviction Review Committee will not, as a general rule, reinvestigate claims where the convicted offender knew or should have personally known the basis of his or her current claim at the time of conviction and did not disclose it, or where the convicted offender now disavows his or her trial testimony and proffers a different theory of innocence.

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