People v. Monge

Opinion

CHIN, J.

In this case, we consider the applicability of the state and federal prohibitions against double jeopardy to a proceeding to determine the truth of a prior conviction allegation, We conclude that, in this noncapital case, the state and federal prohibitions against double jeopardy do not apply. Accordingly, we reverse the judgment of the Court of Appeal to the extent that judgment bars retrial of the prior conviction allegation on double jeopardy grounds.

Facts and Procedural Background

During the afternoon of January 25, 1995, as Pomona Police Department undercover officers were…