Supreme Court of California

Conviction for kidnapping is affirmed where: 1) constitutional double jeopardy principles did not bar retrial of the factual sentencing allegation of kidnapping on which defendant's first jury deadlocked as the mistrial due to jury deadlock was not an event that terminated jeopardy on the allegation; 2) defendant's retrial of the factual sentencing allegation of kidnapping did not violate California's statutory provision against double jeopardy as the allegation on which defendant's first jury deadlocked was not a greater offense that incorporated the underlying lewd act crime as a lesser included offense under California law; and 3) retrial of a penalty allegation may be limited to the deadlocked allegation alone.

Appellate Information

• Decided 07/23/2009
• Published 07/23/2009

Judges

• CORRIGAN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Kat Kozik, Berkeley, under appointment by the Supreme Court, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Mary Jo Graves and Michael P. Farrell, Assistant Attorneys General, Janet E. Neeley, Charles A. French and Brook A. Bennigson, Deputy Attorneys General, for Plaintiff and Respondent.