In what circumstances can a defendant be retried on charges of making threats to kill a police officer?

California, United States of America

The following excerpt is from People v. France, A145537 (Cal. App. 2016):

"When a greater offense must be reversed, but a lesser included offense could be affirmed, we give the prosecutor the option of retrying the greater offense, or accepting a reduction to the lesser offense." (People v. Kelly (1992) 1 Cal.4th 495, 528.) In this case, because sufficient evidence supports defendant's conviction for criminal threats, the People may retry defendant on these charges if they elect to do so. In the event the People elect not to retry defendant, we order the judgment be modified to reflect a conviction of attempted criminal threats.

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