Porter v. Superior Court

Opinion

CORRIGAN, J.

This is a companion case to People v. Anderson (2009) 47 Cal.4th 92 (Anderson), also filed today. In Anderson, we held that retrial of a penalty allegation on which a jury has deadlocked is not barred by constitutional double jeopardy principles or by Penal Code section 1023.1 We also concluded that retrial may be limited to the deadlocked allegation alone and need not encompass the underlying offense.

Petitioner here raises the same arguments we addressed in Anderson but in a different procedural context. A jury convicted petitioner of all substantive offenses and found all…