California Court of Appeal

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CHERRY v. SUPERIOR COURT (THE PEOPLE), B144293

Even after the US Supreme Court's decision in Apprendi v. New Jersey (2000) 530 US 466, double jeopardy does not bar retrial of a prior conviction allegation where insufficient evidence was produced at the previous trial.

Appellate Information

  • Decided 02/07/2001
  • Published 02/07/2001

Judges

  • CURRY, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Michael P. Judge, Public Defender of Los Angeles County, Albert J. Menaster, Baker Ostrin and Alex Ricciardulli, Deputy Public Defenders, for Petitioner., Gil Garcetti and Stephen L. Cooley, District Attorneys of Los Angeles County, Patrick D. Moran and Brent Riggs, Deputy District Attorneys, for Real Party in Interest.

  • For Appellees:
  •  No appearance for Respondent.
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