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4368 A plaintiff suing his/her former attorney for malpractice in handling plaintiff's defense against a criminal prosecution must plead and prove actual innocence and postconviction exoneration of all lesser offenses included in the prosecution; expungement of a conviction is not postconviction exoneration.CitationSANGHA v La BARBERA (Lesser Included Offense) 146 CA4 79 [See: Wiley v County of SD 19 C4 532, T/AT 1/99; Coscia v McKenna 25 C4 1194 T/AT 6/00; Brooks v Shemaria 144 CA4 434, T/AT 12/06]
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