In a non-capital sentencing context, does the jeopardy clause in the Criminal Code preclude a retrial on a prior conviction allegation?
California, United States of America
The following excerpt is from People v. Schwenk, A129685 (Cal. App. 2013):
jeopardy clause does not preclude retrial on a prior conviction allegation in a noncapital sentencing context. (People v. Trujillo (2006) 40 Cal.4th 165, 173-174.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the Double Jeopardy Clause preclude a retrial on a prior conviction in the non-capital sentencing context? (California, United States of America)
Does the identity of a defendant's prior criminal convictions preclude the use of those prior convictions as evidence at trial of the same criminal charges? (California, United States of America)
When sentencing a criminal defendant for a prior felony conviction is not based on his prior criminal conviction but on his constitutional rights? (California, United States of America)
What is the test for an increase in the maximum sentence for a criminal conviction where the crime was committed prior to the criminal conviction? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
In a motion to strike a serious prior felony conviction in the interest of justice, how have the courts treated prior criminal convictions in the context of the application? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
If a witness has been convicted of a criminal offence under section 28(f) of the California Criminal Code, is that prior conviction relevant for impeachment of a witness? (California, United States of America)
If a jury finds that a witness has been convicted of a prior criminal offence, can the jury disregard the prior conviction? (California, United States of America)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
