California Court of Appeal

Order reinstating dismissed judgment convicting defendant of attempted murder, issued after victim died and defendant was convicted of his murder, is affirmed over claim that the attempted murder judgment must be reversed as the trial court lacked authority to reinstate a previously dismissed judgment, and, by doing so, subjected defendant to double jeopardy.

Appellate Information

• Decided 01/23/2008
• Published 01/23/2008

Judges

• ASHMANN-GERST, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Susan K. Keiser, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Keith H. Borjon and Sharlene A. Honnaka, Deputy Attorneys General, for Plaintiff and Respondent.