Supreme Court of California

Retrial on the multiple sexual abuse victim allegation was not barred by double jeopardy, where: 1) the trial court departed from the procedures carefully prescribed by the Legislature for receiving and recording a jury's verdict in the first trial when dealing with the jury's inconsistent findings; but 2) because the first jury had no authority to decide or even to consider the multiple victim allegation in the circumstances here where they could not reach a unanimous decision as to the counts involving the second victim, the jury could not have returned any valid verdict on that multiple victim allegation.

Appellate Information

• Decided 04/08/2013
• Published 04/08/2013

Judges

• LIU

Court

• Supreme Court of California

Counsel