PEOPLE v. BARRAGAN, S105734
Retrial of a strike allegation is permissible where a trier of fact finds the allegation to be true, but an appellate court reverses that finding for insufficient evidence.
- Decided 01/29/2004
- Published 01/29/2004
Supreme Court of California
John L. Staley, under appointment by the Supreme Court, Poway, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Robert M. Foster, Steven T. Oetting and Garrett Beaumont, Deputy Attorneys General, for Plaintiff and Respondent.