California Court of Appeal

Conviction of defendant for statutory rape of someone more than three years younger and placed on felony probation for three years, is reversed as the People did not carry their burden to dispel the presumption of vindictiveness where, here, the prosecutor believed that justice had been served by the misdemeanor conviction only until defendant prevailed on appeal, and the magistrate's finding that the prosecutor was honest, serious, and acting in good faith belief that she could prove the felony beyond a reasonable doubt does not overcome the undisputed fact that the prosecutor changed her mind about the interests of justice only after defendant prevailed on appeal.

Appellate Information

• Decided 12/20/2010
• Published 12/20/2010

Judges

• Premo

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edmund G. Brown Jr., Syda Kosofsky