California Court of Appeal

Trial court's orders granting a new trial on the charge of attempting to dissuade a witness and subsequently dismissing that count, are: 1) affirmed as to the order granting a new trial on the charge of attempting to dissuade a witness, where the trial court did not abuse its discretion; but 2) reversed as to the dismissal of the charge, where the order was based on an erroneous application of double jeopardy principles, because an order granting a new trial based on insufficiency of the evidence is not an acquittal and does not bar retrial on double jeopardy grounds.

Appellate Information

• Decided 05/16/2013
• Published 05/16/2013

Judges

• YEGAN

Court

• California Court of Appeal

Counsel