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California Court of Appeal

Porter v. Superior Ct. (People), H029884

In a criminal matter in which petitioner-defendant sought to avoid any further trial on premeditation and gang enhancement allegations against him, his petition for writ of mandate challenging a denial of motion to dismiss on double jeopardy grounds is granted. Even if the trial court's limited grant of a new trial was not an implied acquittal, California's constitutional protection against double jeopardy bars further prosecution of the greater offenses and precludes further trial of the allegations on which the trial court granted a new trial.

Appellate Information

  • Decided 03/20/2007
  • Published 03/20/2007


  • ELIA, J.


  • California Court of Appeal


  • For Appellant:
  • Glenn A. Nolte, Public Defender, and Romano Clark, Deputy Public Defender, for Petitioner., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Sr. Assistant Attorney General, Seth K. Schalit and William Kuimelis, Deputy Attorneys General, for Real Party In Interest.

  • For Appellees:
  • No Appearance for Respondent.
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