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.).)
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