California Court of Appeal

Defendant's conviction for aggravated battery and assault is affirmed where: 1) neither constitutional nor statutory protections against double jeopardy barred defendant's retrial for assault and battery, and 2) defendant's acquittals did not have any preclusive effect on the issues on retrial.

Appellate Information

• Decided 03/17/2006
• Published 03/20/2006

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Robert Derham, San Anselmo, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Stan Cross and J. Robert Jibson, Deputy Attorneys General, for Plaintiff and Respondent.