What are the consequences of a District Attorney's decision not to seek a retrial on counts 5, 1 and 2 of a charge of assault with intent to pervert the course of justice?
California, United States of America
The following excerpt is from People v. Gray, F077695 (Cal. App. 2019):
On appeal from that judgment, this court reversed appellant's conviction on count 5, and the gang enhancements to counts 1 and 2. (People v. Gray (Jan. 12, 2016, F068698) [nonpub. opn.].) On remand, the district attorney elected to not retry the reversed count or enhancements. The parties stipulated that appellant (and his codefendant) would be resentenced.
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