People v. Salgado

Opinion

PERREN, J.

In this case, we address issues left undecided in People v. Hatch (2000) 22 Cal.4th 260 [92 Cal.Rptr.2d 80, 991 P.2d 165] (Hatch). We *8hold that a trial court’s postconviction dismissal of a jury’s verdict based on insufficiency of evidence is an appealable order. We further hold that judgment may be entered on that underlying jury verdict without violating the state or federal prohibition against double jeopardy.

After a jury convicted Ricardo Salgado of carjacking (Pen. Code, § 215)1 and assault with a firearm (§ 245, subd. (a)(2)), the trial court granted its own motion for…