People v. Santamaria

Opinion

ARABIAN, J.

—Do collateral estoppel principles mandate that after a judgment is reversed on appeal, the original jury’s finding on a sentence enhancing allegation affects retrial of a murder charge, even though the same jury convicted defendant of that murder? This important question, implicating California’s ability to effectively prosecute violent crime, has divided the Courts of Appeal.

Finding this case different from Ashe v. Swenson (1970) 397 U.S. 436 [25 L.Ed.2d 469, 90 S.Ct. 1189], the landmark case engrafting collateral estoppel onto the double jeopardy clause, we conclude that…