In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges?

In the case at bench the record shows that the new charges were added due to an unexpected change in the state of evidence, i.e., the surprise (although incorrect) ² ruling of the trial court that the prior [181 Cal.App.3d 750] uncharged sex offenses against this same victim had been erroneously admitted. The latter ruling brought about a drastic reduction in the quantum of admissible evidence and thus legitimately influenced the charging decision of the prosecutor. Thus, in light of the totality of the circumstances (United States v. Griffin, supra, 617 F.2d at p. 1347) it clearly appears that the prosecutor did not increase the original charges in order to penalize the defendant or retaliate for his invocation of his statutory right to move for a new trial, but did simply intend to try the case on the same evidence as he used in the original trial. In this situation, the evidentiary ruling of the trial court must be deemed an intervening unexpected circumstance which ipso facto dispels the appearance of vindictiveness and rebuts the presumption that the new charges were added for revenge or retaliation.