Legal Opinion
People v. Anderson
California Supreme Court
Decided July 23, 2009No. S152695PublishedCited by 99 opinions
1Opinion of the Court
Opinion
CORRIGAN, J.
This case concerns two questions we did not resolve in People v. Seel (2004) 34 Cal.4th 535 [21 Cal.Rptr.3d 179, 100 P.3d 870] (Seel). (1) Do double jeopardy principles prohibit retrial when a jury has convicted the defendant of an offense but deadlocked on an attached penalty allegation? (2) If retrial is permissible, must it encompass the underlying offense, or may the penalty allegation be retried in isolation? We conclude that, in such circumstances, mistried penalty allegations may be retried, and the retrial need only encompass the mistried enhancements.
BACKGROUND
In…
2Cases cited64 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Burks v. United StatesSupreme Court of the United States · 1978
- Ring v. ArizonaSupreme Court of the United States · 2002
- Brown v. OhioSupreme Court of the United States · 1977
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3Cited by99 opinions
- People v. ParkCalifornia Supreme Court · 2013
- People v. PottsCalifornia Supreme Court · 2019
- People v. ContrerasCalifornia Supreme Court · 2013
- People v. Edwards, California Court of Appeal, 5th District2019
- Chuen Piu Kwong v. HolderCourt of Appeals for the Ninth Circuit · 2011
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