California Court of Appeal

Conviction of defendant for felony evading, following his acquittal of murder, attempted murder and being a felon in possession of a firearm, is affirmed where: 1) the subsequent prosecution for felony evading was not barred by Penal Code section 654, because although the People used evidence of the evading in the murder trial to show consciousness of guilt, the same act or course of conduct did not play a significant part in both the murder and the evading; and 2) there was no vindictive prosecution as the new charges were brought not in retaliation for the exercise of constitutional rights, but in response to the acquittal on the murder charge.

Appellate Information

• Decided 08/05/2010
• Published 08/19/2010

Judges

• CANTIL-SAKAUYE

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Steven Schorr, Edmund G. Brown, Jr.