People v. Garcia

(for reversal). In this case we decide whether defendant’s implicit acquittal of first-degree felony murder, by virtue of his conviction of second-degree murder, prevents retrial of the lesser-included offense of armed robbery because his guilt or innocence was necessarily determined by the implicit acquittal of first-degree murder. We conclude that defendant was not implicitly acquitted of the lesser-included offense of armed robbery and, therefore, was properly retried for that offense.

i

Defendant Frank Garcia and his companion Ronald Hammond were arrested in connection with a December 3,…