Seiterle v. Superior Court

The object of this proceeding is to prevent the respondent court from retrying the issue of penalty on two murder counts and so subjecting petitioner to “double prosecution and double punishment for the same act in violation of his constitutional rights forbidding double jeopardy.” (TJ.S. Const., 5th Amend.; Cal. Const., art. I, § 13.)

Petitioner was indicted for the murders of Mr. and Mrs. Charles Duvel, and as to both counts he pleaded guilty to murder in the first degree. He also entered pleas of guilty to charges of several other crimes, including two counts of kidnaping for purposes of…