Court of Appeals’ issuance of a peremptory writ of mandate directing the trial court to dismiss premeditation and gang enhancement allegations is reversed where: 1) trial court order setting aside the allegations for a new trial cannot be construed as an express or implied acquittal triggering constitutional double jeopardy protections; 2) plaintiff’s conviction of the underlying attempted murder offenses did not bar retrial of the allegations under Penal Code sec. 1181; and 3) the scope of the retrial may be limited to penalty allegations as penalty allegations are not elements of an offense under California law.
Porter v. Superior Court of Monterey County, No. S152273 in PDF
Porter v. Superior Court of Monterey County, No. S152273 in HTML
Appellate InformationAppeal from Monterey County Super. Ct. No. SS042332A.Filed July 23, 2009
JudgesBefore BAXTER, J., GEORGE, C.J., WERDEGAR, J., CHIN, J., MORENO, J., CORRIGAN, J., KENNARD, J.Opinion by CORRIGAN, J.Concurring Opinion by KENNARD, J.
CounselFor Appellant: J. Courtney Shevelson, under appointment by the Supreme Court; Glenn A. Nolte, Acting Public Defender, James S. Egar, Public Defender, and Romano Clark, Deputy Public Defender. For Real Party in Interest: Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Gerald A. Engler, Assistant Attorney General, Laurence K. Sullivan, Seth K. Schalit and William Kuimelis, Deputy Attorneys General.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Civil Rights
Block on Trump’s Asylum Ban Upheld by Supreme Court
Criminal
Judges Can Release Secret Grand Jury Records
Politicians Can’t Block Voters on Facebook, Court Rules
