Supreme Court of California
People v. Eroshevich, S210545
In this criminal case, after a jury trial convicting defendant for conspiracy, the trial court granted defendant's motion for a new trial and dismissing the charges for insufficient evidence. The Court of Appeal reversed, reinstated the jury's verdict, and ordered that the trial court consider defendant's remaining grounds for a new trial, but barred retrial upon remand. Judgment of the Court of Appeal barring defendant from being retried should the trial court grant his motion for a new trial is reversed, where retrial does not violate defendant's double jeopardy rights in this case, as the People appealed and the Court of Appeal reversed, and it is well-settled that the reversal of a judgment or order ordinarily leaves the proceeding in the same situation in which it stood before the judgment or order was made.
Appellate Information
- Decided 11/03/2014
- Published 11/03/2014
Judges
- Cantil-Sakauye
Court
- Supreme Court of California