California Court of Appeal

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Brown v. Superior Court, B221980

Following a prosecution for commission of various sexual offenses against two minors, defendant's petition for a writ of mandate challenging the trial court's denial of his double jeopardy motion to preclude retrial after a jury acquitted him of some counts, convicted him of a lesser included offense as to one count and hung on the remaining counts, is granted where: 1) double jeopardy bars retrial of all of the charges the trial court permitted to be retried because, in the case of one victim, the jury acquitted defendant of all offenses, all of which were alleged to have been committed within the same five-month interval, and the prosecutor failed to show that none of the acquittals pertained to the offense the court agreed to permit the prosecutor to retry, which was also alleged to have been committed in the same five-month interval; and 2) in the case of the other victim, the jury acquitted defendant of continuous sexual abuse of a minor based upon the same conduct and during the same 22-month interval alleged in four counts the court agreed to permit the prosecutor to retry.

Appellate Information

  • Submitted 08/31/2010
  • Decided 08/31/2010
  • Published 08/31/2010

Judges

  • MALLANO

Court

  • California Court of Appeal

Counsel

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