People v. Davidson

Opinion

ASHMANN-GERST, J.

Larry Davidson, also known as Larry Davison, appeals from an order reinstating a dismissed judgment convicting him of attempted murder (Pen. Code, §§ 664, 187, subd. (a)). The order was issued after the victim died, defendant was convicted of his murder, Division One of this court reversed that conviction and the murder charges were dismissed because the People were unable to proceed with a retrial. Defendant contends that the attempted murder judgment must be reversed because the trial court lacked authority to reinstate a previously dismissed judgment, and, by doing…