What is the test for a motion for a retrial of a defendant who has pleaded guilty to a charge of sexual assault and a similar charge against the same defendant?

California, United States of America


The following excerpt is from People v. Luzano, B253623 (Cal. App. 2015):

[retrial of both is required when the two offenses are "mutually exclusive" because findings necessary for one preclude conviction of the other].) And there is good reason to reject defendant's proffered remedynamely, retrial on both charges "would result in an expenditure of court resources and the possibility of an acquittal through loss of evidence or other causes of a reliably convicted defendant for no reason." (United States v. Gaddis (1976) 424 U.S. 544, 552-553 (conc. opn. of White, J.).)

Other Questions


What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
In a motion for a new trial on a charge of sexual assault brought by defendant Perez, who has pleaded not guilty to the charge, is the evidence insufficient to support his claim of insufficiency of evidence? (California, United States of America)
Can a defendant appeal against his conviction for assault on a charge of assault against a defendant who pleaded guilty to the same charge? (California, United States of America)
What is the proper disposition of a motion of appeal against a charge of sexual assault against an appellant who has pleaded guilty to the charge of perverting the course of justice? (California, United States of America)
What is the effect of a motion of appeal against a conviction for assault against a defendant who pleaded guilty to a charge of assault with intent to pervert the course of justice? (California, United States of America)
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
What options are available to a defendant in a sexual assault case where they have pleaded guilty to the same charges against two different defendants? (California, United States of America)
In arguing that the trial court abused its power to deny a motion to sever an indecent exposure charge from a sexual assault charge, does defendant rely on Earle v Earle to argue that the motion was abused? (California, United States of America)
Does pleading guilty to a lesser charge of sexual assault constitute pleading guilty? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.