If a defendant secures on appeal a reversal of his conviction based on insufficiency of evidence, is that defendant subject to a retrial?

California, United States of America


The following excerpt is from People v. Khan, 254 Cal.Rptr.3d 392, 41 Cal.App.5th 460 (Cal. App. 2019):

6 "As a general rule, it is well established that if the defendant secures on appeal a reversal of his conviction based on trial errors other than insufficiency of evidence, he is subject to retrial. [Citations.]" (People v. Hernandez (2003) 30 Cal.4th 1, 6-7, 131 Cal.Rptr.2d 514, 64 P.3d 800, italics added; see Price v. Georgia (1970) 398 U.S. 323, 326, 90 S.Ct. 1757, 26 L.Ed.2d 300 ["concept of continuing jeopardy" applies "where criminal proceedings against an accused have not run their full course"].)

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