California Court of Appeal

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Johnson v. Super. Ct., 266421

In a case in which defendant's conviction of first-degree murders was overturned, and upon retrial four new charges were added to the case against him, plus newly added gang enhancements, defendant's petition for writ of mandate is granted in part directing the trial court to: 1) vacate the portion of its order denying defendant's motion to dismiss for vindictive prosecution as to the newly-added crimes; 2) enter a new order dismissing counts 2, 5, 6 and their related allegations; and 3) hold a hearing to allow the People the opportunity to rebut the presumption of vindictiveness raised by the newly-charged gang allegations (Pen. Code section 186.22).

Appellate Information

  • Decided
  • Published 2016/10/27




  • California Court of Appeal