Does the double jeopardy clause bar a retrial of a defendant where the evidence presented at the original sentencing hearing was not sufficient to support enhancing his sentence?
MultiRegion, United States of America
The following excerpt is from Pratt v. Estelle, 981 F.2d 1259 (9th Cir. 1992):
The double jeopardy clause does not bar the retrial of a defendant where the evidence presented at the original sentencing hearing, whether erroneously admitted or not, would have been sufficient to support enhancing the defendant's sentence. Lockhart v. Nelson, 488 U.S. 33, 41-42 (1988).
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