People v. Bell
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
POOCHIGIAN, J.
When construing a statute, our job is “simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted . . . .” (Code Civ. Proc., § 1858.) Adhering to these principles sometimes has us resolving issues contrary to our own views of policy and practicality. This case presents such an issue.
The Penal Code provides for the right to a jury trial on factual issues underlying a plea of once in jeopardy. (Pen. Code, §§ 1041, subd. 3, 1042.) In this case, defendants entered pleas of once in…
2Cases cited116 opinions
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- United States v. JornSupreme Court of the United States · 1971
- Oregon v. KennedySupreme Court of the United States · 1982
- United States v. DinitzSupreme Court of the United States · 1976
- K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
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3Cited by15 opinions
- People v. Morales, California Court of Appeal, 5th District2019
- People v. G.F. (In re G.F.), California Court of Appeal, 5th District2017
- People v. LambCalifornia Court of Appeal · 2017
- (HC) Bell v. PollardDistrict Court, E.D. California · 2021
- Myers v. Super. Ct.California Court of Appeal · 2022
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