Legal Opinion
People v. Bivens
California Court of Appeal
Decided June 24, 1991No. B048904PublishedCited by 5 opinions
1Opinion of the Court
Opinion
LILLIE, P. J.
After defendant waived his right to a jury trial, the court found defendant guilty of first degree murder of Kenneth Williams (count 1; Pen. Code, § 187, subd. (a)) and that proceedings on count 2, second degree robbery of Kenneth Williams (Pen. Code, § 211), were barred by the proscription against double jeopardy. Defendant was sentenced to state prison for a term of 25 years to life. He appeals from the judgment contending that the proscription against double jeopardy bars his prosecution in superior court for murder after he had admitted allegations of robbery (Pen.…
2Cases cited15 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Ashe v. SwensonSupreme Court of the United States · 1970
- Brown v. OhioSupreme Court of the United States · 1977
- Grady v. CorbinSupreme Court of the United States · 1990
- Illinois v. VitaleSupreme Court of the United States · 1980
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3Cited by5 opinions
- People v. . ScottCalifornia Supreme Court · 1997
- People v. Superior Court (Jurado)California Court of Appeal · 1992
- People v. DavisCalifornia Court of Appeal · 2011
- In Re GutierrezCalifornia Court of Appeal · 1997
- In Re GutierrezCalifornia Court of Appeal · 1997