California Court of Appeal

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People v. Eroshevich, B231411A

In a conviction of defendants for their roles in the death of celebrity Anna Nicole Smith, trial court's dismissal of the charges and grant of a defendant's motion for a new trial are reversed and remanded where: 1) the trial court incorrectly granted the defendant Stern's new trial motion where the evidence was not insufficient as a matter of law; 2) the trial court erred in dismissing the charges against both defendants based on an erroneous finding the evidence was insufficient as a matter of law; 3) the jeopardy effect of the erroneous order granting defendant Stern's new trial motion is the same as an acquittal, so on remand, the trial court may take up the remaining new trial motion issues, dismiss on other grounds, or even impose sentence, however, the trial court may not order defendant Stern to be retried; but 4) defendant Eroshevich can be retried. (Opinion on Rehearing)

Appellate Information

  • Decided 03/28/2013
  • Published 03/28/2013

Judges

  • TURNER

Court

  • California Court of Appeal

Counsel

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