People v. Hoffmann

Opinion

BRANDLER, J. *

Statement of the Case

By information defendant was charged with assault with intent to commit rape in violation of section 220 of the Penal Code (count I) and burglary in violation of section 459 of the Penal Code (count II) (entering a residence with intent to commit rape). Defendant’s motion to dismiss under Penal Code section 995 was argued and denied. The case proceeded to trial. The court denied a mistrial, and the jury was discharged when it advised the court that it was deadlocked and unable to reach a verdict. The case was then set for retrial. After retrial the…