Legal Opinion
The People v. Sullivan
California Court of Appeal
Decided June 17, 2013No. B237734PublishedCited by 3 opinions
1Opinion of the Court
Opinion
FLIER, J.
We hold that double jeopardy bars a retrial on a substantive offense when jurors reached a verdict on the substantive offense but deadlocked as to an enhancement. The trial court should have taken a verdict on the substantive offense and declared a mistrial as to the enhancement only. Finding that defendant Demetrius Sullivan received ineffective assistance of counsel for counsel’s failure to advise defendant to plead once in jeopardy, we reverse the judgment of conviction.
BACKGROUND
On March 17, 2011, defendant was charged with robbery (Pen. Code, § 211) 1 and assault likely…
2Cases cited11 opinions
- Arizona v. WashingtonSupreme Court of the United States · 1978
- People v. SaundersCalifornia Supreme Court · 1993
- Stone v. Superior CourtCalifornia Supreme Court · 1982
- People v. . ScottCalifornia Supreme Court · 1997
- Blueford v. ArkansasSupreme Court of the United States · 2012
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3Cited by3 opinions
- People v. Bailey, California Court of Appeal, 5th District2018
- People v. BaileyCalifornia Court of Appeal · 2018
- People v. BaileyCalifornia Court of Appeal · 2018